The Context of Business Law Flashcards
Purposes of Law
Punish (criminal), Compensate (civil), Regulate (regulatory) and Structure (constitutional)
What does a Business Lawyer Do?
Advise Corp Governance, Write Contracts, Advise on Business liability, Assist Litigators, Create Business Structures
Why is Criminal Law ineffective?
Need for Mens Rea (Guilty Intention), Higher burden of Proof, Problem with Punishment (How to punish corp)
What was Westray Mine Disaster
Mine explosion in Nova Scotia in 1992 that caused the death of 26 coal miners. The mine exploded and corporation and managers were personally charged with manslaughter
What is Bill C45?
In 2004, Parliament passed Bill C-45 (The Westray Bill) to lower mens rea standard for “criminal” corporate activity by punishing breach of legal duty to ensure safety. It has been ineffective thus far.
Sources of Law
Common law, federal statutes, constitution
Stare Decisis
stand by previous decision (Common Law)
Types of Negligence
Professional Liability (higher standard of competence for professionals), Manufacturer Liability (Producers to users) and Occupier’s liability (Property owners to visitors)
3 types of intentional torts
Defamation (lowering of one’s reputation), battery (Unlawful touching of another) and deceit (intentionally misleading)
4 Elements of Negligence
Duty of care, breach of duty of care, causation of injury (In fact and in law) and Actual harm caused
Mustapha v. Culligan
Mustapha suffered emotional damages for finding a fly in his unopened water bottle. Harm was not reasonably foreseeable (too remote) and element of causation was not proven.
Breach of Fiduciary Duty
Those in a special relationship of trust (professionals and directors) owe a duty of utmost faith. Different than negligence as it is about honesty and integrity.
Tort Law Damages
SPECIAL (Historical Costs like Medical) and GENERAL (Speculative and future like pain and suffering and lost future wages)
