Legal theory
Legal theory is the study of the nature, foundations and purposes of law, including questions about what law is, why it binds, and how it should be interpreted. Examples include legal positivism, natural law theory and law and economics. It is an academic field rather than a body of rules a business must follow.
How BC law treats it
Legal theory does not create obligations, but it influences how courts reason. For a BC business, the practical point is that Canadian product liability in tort is negligence based, including the duty to warn (Hollis v Dow Corning Corp, [1995] 4 SCR 634), while strict liability arises only in contract through implied conditions under the Sale of Goods Act, RSBC 1996 c 410.
What it means for your business
Legal theory has little direct effect on day-to-day business operations.
Risks and common mistakes
Assuming US-style strict product liability applies in BC can lead a business to misjudge its exposure and its contract protections.
Browse the full Fulcrum Law Dictionary for related terms.
General information about British Columbia and Canadian law, current to October 2026. It is not legal advice.
