I would agree with M?rten. This case - in particular the size of the award - would appear to most Scandinavians as "typical" American. Apart from the size of the award - anything above $15,000 in non-compensatory damages will tend to raise the odd eyebrow in Sweden -, the other factor is that the fact of the contestant's voluntary participation in what appears to be a pretty daft contest apparently (or, far more correctly, in the media reporting) not being an issue. To many people's mind, the "typical" American award involves a lot of money being paid for non-economic loss, in particular in situations where the loss itself was induced at least by contributory negligence on the part of the issued party, if not entirely on the part of the injured party. This also appears to me to be the defining factor of the hoaxes roaming the Internet and popular mythology.

Thanks to all who helped me with my question, by the way.

Best wishes to you all,
Jakob



>>> Chaim Saiman 09-10-30 20:43 >>>

 

I have been following the emails of the past few days with some interest, and note that most of the examples (real and otherwise) are taken from the American context. Moreover, as one poster suggested, some of these hoaxes may be part of a concerted effort by activists on the American scene to paint a cartoonish picture of the American tort system in order to spur on political efforts at tort reform (limitation)

 

My question to this largely non-American audience is whether, from an international perspective, these sort s of suits are seen as uniquely (or typically) American, and if so, is it only on account of the jury, or are there other factors at work.

 

Would be interested in your thoughts.

 

--cs

 

Chaim Saiman

Associate Professor

Villanova Law School

610.519.3296

saiman@law.villanova.edu

http://ssrn.com/author=549545