CAS.ATRA

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]

BattleTable

reference	part (a)	part (b)	part (c)	part (d)
E (2018.Fall #9)	tort reform: - class action cases	litigation system: - jury service reform
E (2012.Fall #11)	punitive damages: - definition	punitive damages: - issues/recommendations	punitive damages: - recommendations

In Plain English!

This is a short reading that simply lists 10 tort reform initiatives.

Question: identify & briefly describe 10 tort reform initiatives advanced by the American Tort Reform Association [Hint: CRAP-CAN-PPJ]

• The answer in quiz 1.

→ The memory trick is a bit rude, but that makes it easier to remember: 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.

→ (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.

Ok, here are the quizzes. They're short.

mini BattleQuiz 1 You must be logged in or this will not work.

mini BattleQuiz 2 You must be logged in or this will not work.

Full BattleQuiz 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.

  Forum

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)