Absolute Liability

AndrewLAndrewL
edited September 2023 in Baer.Intro

Hi,

Could you please expand how the following arguments are FOR ruling towards absolute liability?

  1. What does the card regarding BC cases implying?

Is it saying that for similar cases, all provinces will accept use Absolute liability but BC will not accept the use of absolute liability for ruling?

  1. Im not sure how the relationship not being fiduciary entails that there is no absolute liability. Could you please expand?

Thanks!

Comments

  • Staff-T1Staff-T1
    1. I am actually not sure what you would like me to expand on - Those are pretty clear cut reasons. Have you gone through the paper?
    2. That's right
    3. It means that the insurer does not have a fiduciary duty towards the insured as this would mean all the risk of ensuring adequate coverage is purchased would be thrown on the insurer. Read page 831 of the Baer paper for more explanation on this concept
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