CRJU301 Lecture Notes - Lecture 16: Antonin Scalia, Dog Bite
22 Dec 2016
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Grievances, claims, and disputes: assessing the adversary culture . Liability for injury who will bare the cost of injury: will be cost associated with injury, will always be accidents/injuries. Tort law non-contractual injury: car accident, dog bite. Strict liability person/party is responsible for injury whether or not they were negligent or at no fault. Tort is a product of political choice injuries are a part of life and they have costs associated; how we allocate costs are political and social/societal decisions. Companies may elect to resolve any claim by individual arbitration: bar people from joining together in class-action lawsuits. Corporations said that class actions were not needed because arbitration enabled individuals to resolve their grievances easily. But court and arbitration records show the opposite has happened: Once blocked from going to court as a group, most people dropped their claims entirely.
