LAW 534 Study Guide - Final Guide: Precautionary Principle, Organizational Culture

• School: Ryerson University
• Department: Law and Business
• Course: LAW 534
• Professor: Gil Lan

Document Summary

Proper course of conduct is to stop the illegal activity and discuss self-reporting ( the risk of getting caught can never be part of the calculation of the risk of non-compliance ) Step 2: calculation of potential gravity of harm. How serious is this harm - the higher levels of due diligence have higher levels of harm because they have higher penalty, This part of the calculation is based upon assessing the potential harm. Authors state that the risk assessment has been done at the legislative level and must use that one but it can be hard to gauge that. Authors suggested possibilities for ascertaining legislature"s assessment of the risk: Maximum penalty (i. e. higher it is, the more harmful legislature feels it is) Range of actual penalties imposed by courts in past cases. Need to also assess the volume of the harm as well.