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tort class notes 4, 26

tort class notes 4, 26 - spread Lets say through no fault...

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Litigaiton more expensive, people cant afford lawyers, ocntingent fee, but as gets more expensive then wont take the case bec. Payout is to little. Unscrupleus plaintiff knows some defendants will be willing to settle for worthless cases bec. Avoide the price of litigating. For every dollar paid by premium insurance, 46 cents get to injured person. 25 cents goto p lawyer, 20 cents go to d’s lawyers. Must always pay d lawter (own) only pay P’s lawyer if they win. So always pay 20, and only 25 when other wins. Odd. Health insurance - if I pay 1, 80cents get back to sick person. Delay always works for defendants. To extent strict iliability spread costs how well does it do that? Should all loses be
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Unformatted text preview: spread? Lets say through no fault of gm, foor lock not close, accident, fall out, no negligence but yes strict liability – there laose want to spread it. Then father of car suffers distress bec. Child fell out, is our interest the same to spread the ocst. Are we spreading cost to right people? Lets s ay valuable drub, but bad effect, 1 out of 10,00 get brain damage, if we spread the cost to all the people who take the drug an more expensive, or to expensive to buy, or will not make the drug naymore, if we somehow make the company pay – shareholders- unions, pension plans, mutual funds, are they the people you want to charge?...
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