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BLAW > CH 1 > Flashcards

CH 1 Flashcards

1
Q

What are the three strategies of risk management?

A

Risk Avoidance, risk reduction, risk shifting

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2
Q

What is entailed in risk avoidance? When should that be the strategy used?

A

some risks are so serious that they should be avoided all together. Ex. an exploding car.

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3
Q

When should risk reduction strategy be used?

A

Some risks can be reduced to an acceptable level through precautions. Ex. a bank granting a mortgage over an asset of they lend money.

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4
Q

when should risk shifting strategy be used?

A

If a risk cannot be avoided or reduced, it may be shifted into another party.

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5
Q

what are two important strategies for risk shifting?

A

insurance and exclusion clause

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6
Q

what is an independent contractor?

A

an independent contractor is a person who performs services on behalf of a company, but who is not a regular employee of that company.

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7
Q

Is a company vicariously liable for the actions of an independent contractor?

A

No, but they are for employees.

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8
Q

What occasions would you do risk acceptance?

A

If the risk of accident is low and buying insurance is too high the most sensible approach might be to hope for the best and pay for any windows that are broken.

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9
Q

What are two important strategies for shifting risks?

A

Insurance and exclusion clauses

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10
Q

What is an insurance policy?

A

It is a type of contract.

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11
Q

What is a law?

A

a rule that can be enforced by the courts.

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12
Q

what is a jurisdiction?

A

Is a geographical area that uses the same set of laws.

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13
Q

what is a tort?

A

Is a private wrong and generally consists of a failure to fulfil a private obligation that was imposed by law.

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14
Q

What is the law of contracts?

A

Is concerned with the creation and enforcement of agreements.

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15
Q

What are treaty rights?

A

Are rights that are provided for and contained in treaty documents that were created between indigenous peoples and the Crown.

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16
Q

What is a duty to consult?

A

requires the Crown to consult with Indigenous peoples whenever it intends to act in a way that may adversely affect Indigenous rights.

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17
Q

What are accomodations?

A

Occur when a proposed project is adjusted or modified in response to Indigenous concerns.

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18
Q

What is a trust?

A

It exists anytime that one person owns property for the benefit of another.

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19
Q

What is the question asked by identification?

A

What risks exist in a particular situation?

20
Q

What is the question asked by evaluation?

A

How serious are those risks?

21
Q

What is the question asked by response?

A

How will you react?

22
Q

what is liability insurance?

A

Provides a benefit if the purchaser is held liable for doing something wrong.

23
Q

What is property insurance?

A

Provides a benefit if the purchaser’s property is damaged, lost, or destroyed.

24
Q

How does insurance work?

A

One party, called the insured, promises to pay a price, called the premium. The other party, called the insurer, promises to pay a certain amount of money if the insured suffered a certain type of loss.

25
Q

What does insurance essentially do?

A

Shifts the risk

26
Q

What is an exclusion clause?

A

a contractual term that changes the usual consequences of the rules of liability. The clause may attempt to exclude all risk of liability, or it may exclude liability for certain types of acts or certain types of losses, or it may limit the amount of compensation that is available.

27
Q

What is incorporation?

A

A business set up as a corporation or company.

28
Q

What is the most significant benefit of incorporation?

A

limited liability

29
Q

What does limited liability mean for incorporation?

A

only the company itself, and not the directors or shareholders, that may be held liable for debts.

30
Q

What is protected by the Charter of Rights and Freedoms?

A

Fundamental freedoms, democratic rights, mobility rights, equality rights, official languages.

31
Q

What is covered under the Charter of Rights and Freedoms section 7-14?

A

Legal Rights: right to life, liberty and security of the person; right to be secure against unreasonable search or seizure.

32
Q

What restrictions does the Charter of Rights and Freedoms have?

A

Government Action, Corporations, Reasonable Limits, Notwithstanding Clause

33
Q

What does Government Action mean in regards to limiting the reach of the Charter?

A

The charter was introduced to govern the relationship between the individual and the state. The Charter does not directly apply to disputes involving private parties.

34
Q

what are the remedies for the Charter of Rights and Freedoms when breached?

A

Declaration, Injunction, Striking Down, Severance, Reading Down and Reading in.

35
Q

What is the remedy declaration?

A

A court may simply declare that charter has been violated. The legislature must then find some solution to the problem.

36
Q

What is the remedy injunction?

A

The court may impose an injunction that requires the government to address the problem in a certain way. (Choice is then the judge not the legislature)

37
Q

What is the remedy striking down?

A

A court may strike down or eliminate a statute that violates the Charter.

38
Q

What is severance, reading down and reading in?

A

If only part of a statute is offensive it may be severed or cut out. If a statute is written too broadly, it may be read down so that it applies only where it can be justified. In contrast, if a statute is written too narrowly, the court may read in a broader interpretation, so that certain people are not excluded from its benefits.

39
Q

How is the Charter restricted in terms of Corporations?

A

The charter generally does not apply against private corporations. It may not apply in favour of them either, depending on the circumstances. Ex. a corporation is cover by the freedom of expression but not equality rights.

40
Q

Why is a corporation cover by the freedom of expression but not equality rights?

A

In section 2(b) freedom of expression, it extends to “everyone” while section 15 equality rights only applies to every “individual”

41
Q

How does reasonable limitations restrict the Charter? What section is it in?

A

Section 1, it states that its rights and freedoms are subject to “such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society”. If deemed necessary it can occasionally violate a persons rights.

42
Q

How does the Notwithstanding Clause restrict the constitution? what section is it in?

A

section 33, may allow parliament or legislature to create and enforce a law “notwithstanding” the fact that it violates the Charter.

43
Q

What is parliamentary supremacy?

A

means that while judges are required to interpret constitutional and statutory documents, they must also obey them.

44
Q

How does the duty to consult impact business? (two reasons)

A
  1. business projects that touch upon indigenous lands - real estate, logging etc. Require governments permits and approvals.
  2. The Crown often delegates the procedural aspects of the duty to consult to the business.
45
Q

When does the duty to consult arise?

A

(1) The Crown knows or given the circumstances, should know that its act or decision, (2) might, but not necessarily will, have a harmful impact on (3) a right that the Indigenous group either established in the past or claims may prove in the future.

46
Q

What is legislation?

A

Is a law that is created by Parliament or a legislature.

47
Q

What are the most important kinds of legislatures?

A

statutes or acts

BLAW (4 decks)

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