Negligence
What four elements form the foundation of a successful negligence claim? Hint: (abcd)
Duty of Care, Breach of the Standard of Care, Causation, and Damage
When employers try to make an employee so uncomfortable that he or she will quit as a result of demotion, transfer or change of employment conditions
Constructive dismissal
What are the 3 main forms of Alternate Dispute Resolution (ADR)?
Negotiation (including Settlement), Mediation, Arbitratiom
E-cigarettes were legalized as a less harmful alternative to smoking, but regulations were added to address what key legal and public policy concern?
protecting youth from accessing and becoming addicted to nicotine products
The purpose of causation in negligence law is to establish what connection?
the link between the defendant's breach of the standard of care and the plaintiff's damages
Which test examines whether a worker is integrated into the employer's business or operates independently?
Organization test (the other employment test is the control test)
Business law is primarily concerned with disputes between private parties rather than cases where the government prosecutes wrongdoing. What branch of law does business law mainly involve?
civil law
What name was provided for Purdue's blockbuster drug?
OxyContin.
A company ignores known safety risks, resulting in customer injuries, negative media coverage, and a lawsuit. What are the three major types of costs the company may face?
monetary costs, reputational costs, and other various legal penalties
An employee develops a medical condition that prevents them from performing certain physical tasks. Rather than exploring modified duties or workplace adjustments, the employer terminates the employee. What human rights obligation may have been breached?
Duty to accomodate
According to a fundamental principle of business law, law is a balancing act of competing interests guided by what two goals?
predictability and fairness
What legal action was filed against Uber by it's driver; what issue does this action aim to address?
class action - whether Uber drivers are employees or independent contractors
In a negligence lawsuit, a defendant may avoid liability by proving that their actions were reasonable and consistent with what a prudent person in the industry would have done in similar circumstances. This defense is known as what?
Meeting the standard of care
An employer may be legally responsible for harassment committed by one employee against another if it fails to take reasonable steps to prevent or address the conduct. What is this principle called?
Vicarious liability
A company discovers a potential legal risk, assesses its likelihood and impact, and then decides how to address it. What three-step risk management framework is the company following?
Risk Identification, Evaluation, and Response
In Johnstone v. CBSA, what broader legal principle regarding human rights in the workplace was being tested before the Canadian Human Rights Tribunal?
an employer's duty to accommodate employees' family-status obligations (such as childcare needs) to the point of undue hardship?
A pedestrian is crossing the street while looking at their phone and enters the crosswalk just as the light begins flashing. At the same time, a driver is speeding 20 km/h over the limit and fails to stop in time, striking the pedestrian. The pedestrian suffers serious injuries and sues the driver for negligence. The court finds that both parties failed to act as reasonable persons. What legal doctrine is most likely to apply, and what effect will it have on the damages awarded?
contributory negligence - The court may apportion fault between the parties and reduce the pedestrian's damages based on their share of responsibility for the accident.
A retail company hires an independent contractor to deliver products to customers. While making a delivery, the contractor negligently damages a customer's property. The customer sues the retail company, arguing it should be responsible because it hired the contractor. What will be the likely outcome of this lawsuit?
the delivery driver is an independent contractor, and businesses are generally not vicariously liable for the wrongful acts of independent contractors?
A company purchases liability insurance, includes exclusion and limitation clauses in its contracts, and operates through a corporation rather than as a sole proprietorship. What risk management techniques is it using?
insurance, exclusion clauses, limitation clauses, and incorporation
In Shaw v. Levac Supply Ltd., what form of discrimination occurred, who engaged in the conduct, and who was ultimately held responsible?
sexual harassment by a co-worker, with the employer being held liable