Sunday, June 20, 2021

Monday, June 21. 2021

Happy Solstice family! Today's class schedule is: 

 9:15 - 11:50B Block Human Geography 
 12:30 - 3:05C Block Legal Studies 

B Block Human Geography - Today our focus will be on urbanization in order to help you with your Sim City Buildit project. Cities developed around services. Services account for more than two-thirds of GDP in most developed countries, compared to less than one-half in most developing countries. Services cluster in developed countries because more people who can buy services live there. The service sector of the economy is subdivided into three types: consumer services, business services, and public services and each of these sectors is divided into several major sub sectors. So our first key issue is "Where Are Services Distributed"? 




For the Key Issue "Where Are Consumer Services Distributed"? Generally speaking, we spend as little time and effort as possible obtaining consumer services and therefore go to the nearest place that fulfills our needs. We travel greater distances only if the price is much lower or if the item is unavailable locally. To that end we'll look at Central Place Theory, the Basic Central Place Model, market areas, market area analysis, range of service, threshold of service and the gravity model (of services). Look at the rank-size rule and the primate city rule (in terms of services). 


For the key issue "Where Are Business Services Distributed"? we'll examine urban settlements known as global cities (also called world cities) that play an especially important role in global business services. Global cities are most closely integrated into the global economic system because they are at the center of the flow of information and capital. Business services (including financial institutions, headquarters of large corporations, and lawyers, accountants, and other professional services) concentrate in disproportionately large numbers in global cities. In the global economy, developing countries specialize in two distinctive types of business services: offshore financial services and back-office functions. These businesses typically located in developing countries for a number of reasons, including the presence of supportive laws, weak regulations, and low-wage workers. 




For the key issue "Why Do Services Cluster in Settlements"? we generally find that most services are clustered in settlements. Rural settlements are centers for agriculture and provide a small number of services; urban settlements are centers for consumer and business services. One-half of the people in the world currently live in a rural settlement, and the other half in an urban settlement. We'll look at clustered (circular and linear) and dispersed rural settlements and a brief history of cities:


The process by which the populations of urban settlements grow is known as urbanization. Urbanization has two dimensions: an increase in the percentage of people living in urban settlements and an increase in the number of people living urban settlements. These two factors have different global distributions and occur for different reasons. So, Vancouver?


Would you live in the downtown of a city or out in the suburbs?



C Block Legal Studies - Today we start in 115. For your civil law project, there are things you should know about Professional Negligence and standard of care:

Reibl v. Hughes (1980, SCC) 


The Court held that the actions of the doctor in this case were negligent. The relationship of doctor -patient gives rise to a duty for the doctor to disclose all material risks relationship to the recommended surgery.  The Court held that the doctor failed to adequately communicate to the appellant the risks of the operation that he was to undergo. The doctor was negligent in leaving the patient with the opinion that he would be better off for having the operation. The doctor should have more clearly explained the incidences of mortality and the incidences of morbidity. He was also negligent in not making it plain to the plaintiff appellant that the operation would not cure his headaches. There was no neurological deficit that mandated the surgery. There was also no emergency that required the surgery

1. Lack of informed consent won't lead to liability for battery unless there is no consent at all, where there is fraud, or where the treatment went beyond the consent.  However, negligence principles are to be applied.

2. modified objective test - relies on a combination of objective and subjective factors in order to determine whether the failure to disclose actually caused the harm of which the plaintiff complains. It requires that the court consider what the reasonable patient in the circumstances of the plaintiff  would have done if faced w/ the same situation.

1st QUESTION: Whether the Dr. gave the warning?

2nd QUESTION: Would the patient have gone ahead anyway?

To succeed there are 3 steps:

1. Plaintiff must show that material risk existed
2. Plaintiff must show that material risk was not disclosed
3. Plaintiff must show that had risk been disclosed plaintiff would not have consented - prove using the subjective/objective test

Family Compensation Act [RSBC 1996] Chapter 126
Medical Malpractice Canada
Lawyers BC Medical Malpractice
John McKiggan Medical Malpractice Informed Consent (minors)

After we will work in the learning commons / library to work on our civil law assignment. There are some important sections involving "liability" for businesses and social guests on pages 406-410 (Occupiers' Liability: general invitees; commercial and social host invitees; licensees; trespassers; and the Occupiers Liability Act). These topics are relevant to all cases except for Case 7. For more on the BC Liquor laws (pertaining to case 5) check out the Serving It Right information here or for information on liquor law basics here.

BC Liquor Control and Licensing Act [RSBC 1996] Chapter 267
43 (1) A person must not sell or give liquor to an intoxicated person or a person apparently under the influence of liquor.

(2) A licensee or the licensee's employee must not permit
(a) a person to become intoxicated, or
(b) an intoxicated person to remain in that part of a licensed establishment where liquor is sold, served or otherwise supplied.

Liability of officer of corporation
77 If an offence under this Act is committed by a corporation, the officer or agent of the corporation in charge of the establishment in which the offence is committed is deemed to be a party to the offence and is personally liable to the penalties prescribed for the offence as a principal offender but nothing in this section relieves the corporation or the person actually committing the offence from liability for it.

Liability of occupant of establishment
78 On proof that an offence under this Act has been committed by

(a) a person employed by the occupant of a house, shop, restaurant, room or other establishment in which the offence is committed, or
(b) a person permitted by the occupant to be or remain in or on that house, shop, restaurant, room or establishment, or to act in any way for the occupant, the occupant is deemed to be a party to the offence and is liable as a principal offender to the penalties prescribed for the offence, even though the offence was committed by a person who is not proved to have committed it under or by the direction of the occupant but nothing in this section relieves the person actually committing the offence from liability for it.
 


No comments: