What I think the Exam will look like Flashcards
Hard multiple choices so people dont get too high of a mark
Study especially Oceans and Fishery act, 100% a question off that slide
1 essay question about constitutional allocation of power
Points to describe:
- No express allocation
- Need to find indirect allocation for environmental power by basing yourself on one of the express allocations in 91 and 92 (probably 91)
- Need to give some examples of regulation of how you can do that indirect law writing (Trade and commerce protects the environment by prohibiting asbestos….. this is indirect, even tho no real express allocation)
Kind of cause of action and explanations? Also learn standing.
Nuisance (Interference with use of your stuff)
Negligence (breach of duty of care)
Strict liability (non-natural use of land, when you should have known that that thing would have caused damage if it escaped)
100% a question on corporation liability. Probably essay question on that, re-read the reading material on that especially Personal interest, the most useful
Vicarious liability (someone in the course of employment) Direct liability (acts of directing minds are considered acts of the corporation, add the mens rea element through the mind of those persons) Personal liability (acts of the corporation give responsability to the directing minds themselves). Need to know how it is the most useful and how it came into law (the mine case where security was fired and then they changed legislation, learn that particular legislation)
Very likely that the last question is explaining either precautionary principle, sustainable development or common but differiciented responsability.
Just learn that off the readings and Rio declaration.