BU231 Lecture Notes - Lecture 3: Constitution Act, 1982, Precedent, Nuisance
Document Summary
Assessing potential legal risks that businesses face. Determining methods to reduce that risk: prevention. Devising strategies to cope with legal issues when they arise: resolution options. Constitution act, 1982: charter of rights and freedoms everything must abide by the. No law can be passed that conflicts with the charter. Statute (higher than common law rule) (enacted by either federal or provincial government) Judge made law (common law) stare decisis (means old decisions = Compensation for harm done: compensatory in nature not punitive. Criminal law is between individuals and the state (the crown) Burden of proof always lies on the plaintiff/the crown. Different standards of proof required between tort law and criminal law: tort balance of probabilities. Purpose is not to punish, it"s to return the state as if the action never happened. Not about guilty or innocent, it"s about whether the defendant should be responsible for compensating the injured party or not: criminal beyond a reasonable doubt.
