Risk Management
Other options for resolving legal disputes other than going to court
Alternative Dispute Resolution
The government sues an individual for the purpose of punishment and may involve prison sentence
Criminal law/case
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
The objective of intentional tort law.
To make the victim whole
Requirements of proving negligence in court.
A: A duty of care
B: Breach of duty of care
C: Causation
D: Damages
A formal process with an independent person who is appointed to settle disputes. Decision is binding.
Arbitration
The document that enshrines principles that are guaranteed to citizens by the government
Charter of Rights and Freedoms
The justification for dismissal without notice
Just Cause
Written Defamation
Libel
Partial responsibility where the plaintiff did something that led to their own loss/injury
Contributory Negligence
Requires an agreed upon go-between negotiator, and you are not bound to the decision.
Mediation
Decisions or cases decided by the courts
Common law
When an employer is directly liable for the negligence and wrongdoing of its employees
Vicarious Liability
The permanent trespass onto another person's property and an example.
Continuing Trespass
Fence across property line.
The test asking if there was there ANY causal link between the action and the harm
But for test
Risk identification framework
1. Identify the rules
2. Evaluate the process, risks, rules
3. Respond with a strategy
A law or rule or regulation created by the government
Statute
The obligation that employers have, to make adaptations to the workplace to meet the needs of employees who could not otherwise work there.
Duty to Accommodate up to Undue Hardship
Yes
Nuisance (interference with Chattels)
Someone’s injury/loss is so strange and unforeseeable that courts won’t award damages
Remoteness
Name the four strategies for risk management.
1. Avoidance: risk is high, must completely avoid
2. Acceptance: accept that the risk is a cost of being in business
3. Shifting: move risk to another party (e.g. insurance or exclusion clause)
4. Reduction: risk can be reduced to a certain extent (e.g. banks requiring collateral)
How convincing one party needs to be to win the case and what is it called for civil and criminal law.
Standard of proof
Civil: Balance of probabilities
Criminal: Beyond a reasonable doubt
The tests in determining an employee from an independent contractor and what they ask.
Control test: Who has control over what work is done, when the work is done, whose tools are used, who receives profit / loss etc.
Organization test: how integrated is this person to the core business function of the company?
What are two defences to assault and battery?
1. Self-defence (unless excessive)
2. Informed and complete consent
Is this negligence? Why or why not.
A business creates a defective product due to some error or oversight and an individual is caused harm.
Yes,
ABCD present