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