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]

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.

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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!

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!

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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

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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)