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Essay on tort reform
Research paper on tort reform
Opinion on tort reform
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Tort Reform
Tort reform is very controversial issue. From the plaintiff’s perspective, tort reforms seems to take liability away from places such as insurance companies and hospitals which could at times leave the plaintiff without defense. From the defendant’s perspective, tort reform provides a defense from extremely large punitive damage awards. There seems to be no median between the two. Neither side will be satisfied. With the help of affiliations such as the American Tort Reform Association and Citizens Against Lawsuit Abuse, many businesses and corporations are working to change the current tort system to stop these high cash awards.
Various organizations working in favor of tort reform include the American Tort Reform Association and Citizens Against Lawsuit Abuse. These associations are working to change the current tort system to work to the advantage of the businesses. The American Tort Reform Association, also known as the ATRA, founded in 1986, is a “bipartisan coalition of more than 300 businesses, corporations, municipalities, associations, and professional firms (American Tort Reform Association )” such as Exxon and General Electric that work together to "bring greater fairness, predictability and efficiency to the civil justice system through public education and legislative reform”(American Tort Reform Association ). Based in the District of Columbia, the ATRA consists of a thirty-two member board of directors that keeps members informed about current tort reform issues. Due to their efforts, tort reform issues supported by the ARTA have been adopted in forty-five states as well as the District of Columbia. Some of the issues supported by the ATRA include punitive damages and medic...
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...tice and a tort reform would be necessary. However, as soon as a person becomes defenseless the tort reform has gone too far. The business world should never have an advantage over the public. They should always be equal and have the same opportunity to win and collect damages. In conclusion, tort reforms are necessary to the extent that the person and the corporation remain equal (Loomis).
Works Cited
American Tort Reform Association. “ATRA: About ATRA.” 12 November 2002
The case of Kamloops v. Nielson was a landmark decision for tort law, since it established the duty of care principle in Canadian private law, which prior to this case was used in the Anns v. Merton case and expanded the scope of duty first identified in Donoghue v. Stevenson. In the historic case of Donoghue v. Stevenson, duty of care was established to include anyone that could be foreseeably harmed by someone’s actions, creating the neighbour principle. The Anns v. Merton case expanded the scope of the neighbour principle to including public bodies, such as the municipality. The case involved a faulty building foundation, which resulting in requiring repairs for the house, and whether the municipality should have to pay for the repairs, since it was the job of the municipality to inspect and ensure the building was properly constructed. Whether public tax allocations should be subject to tort litigations was placed in question in the case but the municipality was held liable for damages nevertheless.
Given the difficulties in the present tort system, we often become victims of the failures of medicine as opposed to beneficiaries of its many successes. Physicians have lost in that they have changed, limited, or closed their practices after having spent the most vigorous years of their lives training for such work. Patients have lost in that the physicians of their choice, with whom they have developed trusting relationships, are no longer available to care for them. It is certain that the system requires sensible reform (p.525).
Damages are a fundamental principle in the American legal system. However, a number of recent cases in the United States have sparked a debate on the issue, the most famous one being the “hot coffee lawsuit”1. In 1994, Stella Liebeck bought coffee at a McDonald’s restaurant, spilt it, and was severely burnt. She sued the McDonald’s company, received $160,000 in compensatory damages, and $2.9 million in punitive damages. A judge then reduced the punitive damages to $480,000. The final out-of-court settlement was of approximately $500,000. For many, this case is frivolous (meaning that the plaintiff’s prospects of being successful were low or inexistent), but it really highlights the question of excessive punitive damages compared to the damage suffered and its causes.
...efits from adopting unfair business practices and discouraging competition are much higher than the expected penalty and punishment. With changing time, there is need to make these laws more effective and relevant.
Shapiro, David. Banking on Bondage: Private Prisons and Mass Incarceration. Rep. New York: American Civil Liberties Union, 2011. Print.
The proponents of private prisons contend that private prison are a necessity because the criminal justice system is in crisis and governments do not have the willingness to spend public money building new prisons. According to Adrian Moore, Mr. Moore is the Vice President, Policy of the Reason Foundation, and this statement was published online “Private Prisons, Quality Corrections at a Lower Cost.” For the website reason.org on April 1998 Moore holds a Ph.D. in Economics
The U.S. expends far more on healthcare than any other country in the world, yet we get fewer benefits, less than ideal health outcomes, and a lot of dissatisfaction manifested by unequal access, the significant numbers of uninsured and underinsured Americans, uneven quality, and unconstrained wastes. The financing of healthcare is also complicated, as there is no single payer system and payment schemes vary across payors and providers.
his paper will seek to analyze the privatization of prisons in the American Criminal Justice Penal System. “Privatization” refers to both the takeover of existing public facilities by private operators and the building and operation of new and additional prisons by for-profit companies (Cheung, 2004). The developments of private prison were a huge result of mass incarceration in America. Therefore, this paper will first evaluate how private prisons are considered to be a solution to the problem of overcrowded prisons in the United States. Next, it will examine private prisons to investigate rather it was an enormous solution to the mass incarceration problem in the criminal justice system. Furthermore, it will seek to understand the idea that private prisons are less expensive to operate than public facilities operated by the state. Honestly, it will terminate the claim that private prisons cause an enormous economic growth, as development projects, in rural areas throughout the United States. Also, I will explain how the private prison industry has tremendously affected the black male and female rate of incarceration. Therefore, private prisons are not a feasible to the issue of mass incarceration; however, it does obstruct the reformation of mass incarceration by reinforcing the very same principles of the already faulty criminal justice system’s ideologies.
Feldstein, J.P. (2011). Health Policy Issues: An economic perspective (5th ed.). Chicago, IL: HAP &AUPHA.
The overall goal of correctional facilities can be broken down into three main functions which are retribution, deterrence, and rehabilitation of the inmates. Today, there is much debate on rather private or public prison admiration is best to suit those goals. In a private prison the inmates are contracted out to a third party from either local, state, or federal government agencies (Smith 2012). Public prisons are where the government themselves house and supply the inmate’s basic needs with no third party involved. However, a large portion of the argument of private verses public prisons is over, which is best in achieving those goals more efficiently.
The authors worked for the Center for AIDS Prevention Studies which belongs to AIDS resea...
The Healthcare Reforms Act 2010 or the Affordable Care Act introduces the universal form of health care. The ACA seeks to reduce healthcare costs and allow people to be more engaged in their own health care. The ACA intends to make healthcare more affordable and increase access of health care by expanding government’s Medicaid program to the financially disadvantaged, such as the low income earners, disabled people and people over 65 years of age (Arvantes, 2010).
The expansion of the private sector into the prison system began to generate considerable interest and controversy in the mid - 1980's. Currently, almost all prisons' contract some type of service from the private sector to provide support, such as, construction, medical and religious services. However, the concept of relinquishing controls of adult offenders to profit seeking companies fuels a very controversial and heated debate. Most arguments center on whether private companies can truly provide a more efficient service at a lower cost than public institutions while not sacrificing quality. While others focus on the philoso...
Fenwick states…’Prison conditions have steadily deteriorated, while at the same time, prison populations have dramatically increased throughout the Western world, in many cases leading to unsustainable overcrowding. This has led, in turn, to further deterioration in conditions. These structural circumstances coincide with the rise and spread of the economic strategies associated with globalization, including reduction of state budgets and privatization of state functions. Not surprisingly, elements of the private sector seized on the opportunity for profit presented by this “crime-control/ fiscal-crisis contradiction.” (Fenwick, C. 2005).p.258.
Also, the tort victim is usually sufficiently compensated through insurance rather than if they claimed against the employee as the master has the ‘deepest pocket’[2]. However, recent developments in the law on vicarious liability not only makes the employer liable for acts that are ‘directly’ connected with what they are employed to do, but it is now established that an employer may be liable for the unauthorised acts of an employee, where those acts are ‘closely connected’ with the nature of the wrongdoer’s employment. The principle of vicarious liability can also burden the operation of a business by placing a disproportionate amount of responsibility on an employer. More money needs to be spent on training, employee’s characteristics need to be assessed and higher costs will be passed on to the consumer.