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Lecture 2

LAW 122 Lecture Notes - Lecture 2: Damages, Punitive Damages, Specific Performance

Law and Business
Course Code
LAW 122
Peter Wilson

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LAW122 Business Law
Chapter 2: Litigation and Alternative Dispute Resolution
Litigation is a dispute in court
- Costs
- Counter claims
- Time consuming
- Unpredictable
- Frequently fatal to business relationships
Litigation is rare: suing someone is a last resort option
- Very few cases are decided by judges in court
- There are different stages in the process so some cases gets resolved before the judge
makes a decision
Litigation guardian is one that is appointed by the court to represent a child or adult to protect
their interest if they are not capable to do so
Class Actions:
Purpose: multiple claims against single defendant joined in one action and small claimants able to
share costs of litigation against large defendant (e.g. product liability - defective breast implants ,
mass tort - toxins spread by an industrial disaster, banks - excess charges on accounts)
- Common issues among all class members (same claim)
- Representative Plaintiff who will act in interests of all members of the class
- Notification to all potential members of class (show workable plan publishing the class
- Preferable procedure to individual claims (does it make sense to put all these individual
claims together)
- Certification by court to allow class action to proceed
Case 1: George vs. Shark Loans
Benefits of this class action :
- More people and higher probability that the plaintiff would win
- Bigger claim
- Possibly getting more compensation back if they win
The claim would be successful in getting it certified because George meets all the requirements
needed to have a class action
Case 2: Tainted Water
Representative plaintiff will be liable for the costs
They are not entitled to special compensation
Sub-classes: people in a class that are put into different groups because they have slightly
different injuries, or issues but all filing for a similar claim
Party may represent himself or herself
Usually advisable only in simple matters
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