Writing1.F10

Writing1.F10 - ENGR/PHIL 482 First Out-of-Class Writing AssignmentFall 2010 Toxic Torts Read pp 156-158 in the textbook Mr Clarence Borel began

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
ENGR/PHIL 482 First Out-of-Class Writing Assignment—Fall, 2010 Toxic Torts Read pp. 156-158 in the textbook. Mr. Clarence Borel began working as an industrial insulation worker in 1936 and brought suit against Fiberboard Paper Products Corporation after contracting a form of lung cancer known as mesothelioma, which had apparently been caused by asbestos. He died before the lawsuit could be settled, but the federal district court in Texas decided in favor of his estate, and the Fifth Circuit Court of Appeals upheld the decision. The suit was brought under the law of torts. A tort is a wrong or injury, prosecuted under civil law, not criminal law. The standard of proof in tort law is the preponderance of evidence, meaning that there is more and better evidence in favor of the plaintiff than the defendant. A successful lawsuit must satisfy the four criteria listed on p. 157 of the textbook. This standard of proof in tort law was used in the Borel case. It is less stringent than the standard which would be demanded by a scientist, who might well call for a 95 percent certainty that a given substance produced a certain effect, such as a disease. Toxic
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 01/03/2011 for the course ENGR 482 taught by Professor Russell during the Fall '08 term at Texas A&M.

Page1 / 2

Writing1.F10 - ENGR/PHIL 482 First Out-of-Class Writing AssignmentFall 2010 Toxic Torts Read pp 156-158 in the textbook Mr Clarence Borel began

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online