From: Volokh, Eugene <VOLOKH@law.ucla.edu>
To: obligations@uwo.ca
Date: 31/10/2009 22:14:24 UTC
Subject: RE: outlandish torts

               Well, there are quite a few outlandish decisions out there.  I wonder what the Scandinavians, or the English, for that matter, would think of this case:  A bunch of robbers rob a store.  The opening of the safe triggers a silent alarm in the local police department.  The police arrive while the robbers are still there.  The robbers seize a customer as a hostage, and then kill the customer while trying to escape.  The customer’s heirs sue ... the store, for negligence in calling the police using the silent alarm.  The trial court says the plaintiffs have no case; the appellate court reverses, saying that it’s up to the jury to decide whether it was reasonable to call the police using a silent alarm.

 

               Or how about this one:  A woman has an affair, and moves out to live with her lover.  The husband then goes on a serial killing rampage, killing the woman’s parents, injuring the woman and the couple’s son, and killing several members of the lover’s family.  The survivors sue ... the wife, on the theory that her starting the affair, and her supposedly taunting and humiliating the husband about it, was negligent conduct that prompted the husband’s killing spree.  The trial court says the plaintiff have no case; the appellate court reverses, saying that it’s up to the jury to decide whether the woman’s conduct was negligent.  The case then settles for a six-figure amount.

 

               This is not to say that all or most cases are outlandish.  But some are.

 

               Eugene

 

 

 

 

From: Jakob Heidbrink [mailto:Jakob.Heidbrink@ihh.hj.se]
Sent: Saturday, October 31, 2009 10:14 AM
To: Saiman@law.villanova.edu; obligations@uwo.ca
Subject: Sv: outlandish torts

 

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

B.A., M.Jur. (Oxon), LL.D.
Assistant Professor in Law
Jönköping International Business School
Box 1026
S-551 11 Jönköping
Sweden
Tel.: +46 36 10 1871


>>> 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