Philosophy 2080 Lecture Notes - Lawn Mower, Objectivist Periodicals, Distributive Justice
5 Feb 2013
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Questions: you should be able to distinguish between the american approach to tort law and the. According to wienrib that is: the american approach is more concerned with compensating injured plaintiffs, and less concerned about apportioning fault. It is believed generally that businesses or insurance companies can bear the cost of compensating injured plaintiffs. An example of an american case: the plaintiff used a lawnmower to trim a hedge. He fell backwards and was injured when the lawnmower fell on top of him. In canada, that same situation would in all likelihood result in the plaintiff losing his case. In canada, the court would say that the injury was the plaintiff"s fault, and the lawn mower manufacturer had done nothing wrong. Canada is the more traditional tort regime, perhaps a bit more conservative, and less concerned with broad social implications of a judgment. Canada sees the law as more the private dispute between the parties before the court.
