CRCJ 3003 Lecture Notes - Lecture 2: Ginger Beer, Tort Reform, Social Inequality

• School: Carleton University
• Department: Criminology and Criminal Justice
• Course: CRCJ 3003
• Professor: Nicholas Lamb

Document Summary

Corporate interest perpetuated this narrative that frivolous lawsuits were commonplace. Putting a monetary value on harm is difficult. In fact it was corporate interests and and politicans pushing for these changes. Imbalances of position of parties are inherent and must be acknowledged. Tort reform min states allowed laws to be enacted for caps to be put in place to limit the amount of harm. Snail found in beverage of a ginger beer and woman gets very sick. Donoghue has no contract with the ginger beer company. Even though no contract occurred since she did not buy directly from the company but instead from a store. Court found that yes there is a duty of care from the manufacturer to the ultimate consumer of the product. A neighbour is a person who a reasonable person could see that would be directly affected by action or inaction. House being built in kamloops is not being built up to safety code.