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Revision as of 18:54, 27 April 2019
ATRA = American Tort Reform Association. This is a U.S.-centric paper, so is of lesser importance, although there was a question worth 1.75pts from the 2012 exam. (Question #11) Forum
Pop Quiz
According to Harris, what are the proposed reforms for Canada's tort laws: [Hint: JCCV]
Keywords
punitive damages, tort reform
In Plain English!
This is a short reading that simply lists 10 tort reform initiatives. There has only ever been 1 question from this reading, 2012.Fall #11abc. It dealt with the initiative on punitive damages. This is probably all you have to know.
mini BattleQuiz 1 You must be logged in or this will not work.
For completeness, I created a memory trick to remember all 10 initiatives: CRAP-CAN-PPJ. I took the 1st letter of each item in the list from the reading, rearranged it to try to make a word, and that's what I came up with. If you have to take a CRAP, you do it in the CAN. The PPJ part is just the leftover letters that don't make a word. Obviously you wouldn't be asked to list all 10 initiatives - it's probably enough just to know CRAP!
Shout-out to NZ for a variation on the above memory trick! JPP-CAN-CRAP or Junior Political Parties CAN CRAP under pressure.
Note that 2 of ATRA's reforms are the same as 2 of the proposals in Harris.Tort: (See pop quiz.)
- Eliminate the Collateral source rule so that plaintiffs cannot double-recover. (The collateral source rule violates the principle of indemnity.)
- Replace joint and several liability with a system of proportionate liability.
Bedtime reading: I don't think you need to know anything in depth, but it's only 5 pages and easy to read. Maybe it will help you fall asleep!
mini BattleQuiz 2 You must be logged in or this will not work.
BattleCodes
Memorize:
- issues surrounding ATRA reforms regarding punitive damages
- 3-4 of ATRA's proposed tort reforms
Conceptual:
- Understand that 2 of ATRA's reforms are similar to proposed Canadian reforms in Harris.Tort
Calculational:
- none
Full BattleQuiz You must be logged in or this will not work.
POP QUIZ ANSWERS
Proposed reforms to Canada's tort laws:
J: Joint & Several Liabiity
- defn: plaintiff may recover (ANY or ALL damages) from (ANY or ALL defendants) regardless of share of liability
- proposal: ERF
- ELIMINATE J&S: for non-pecuniary damages
- REPLACE J&S: with rule of proportionate liability
- FUND creation: for guilty parties that can't pay
- advantages/disadvantages:
- ADVANTAGES: discourages search for deep pockets & decreases costs
- DISADVANTAGES: increases costs in (determining proportionate liability)
C: Collateral Source Rule (eliminate) C: Compensation Basis (change to net basis) ← CORRECTION! (This had incorrectly said change to gross basis) V: Vicarious Liability (eliminate)
