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Introduction to American Law and Legal Reasoning – 3000

For example, in merchandise legal responsibility and medical malpractice instances, the parties have a preaccident relationship and so may have specified and historically did specify of their contracts what damages could be paid within the occasion of a mishap. But since about 1950, the courts have refused to honor these contracts, treating these instead as tort cases. Many observers believe that this was a elementary error of the courts and look on it as the primary instance of an inefficient doctrine in trendy American legislation. Scholars have discovered that this error was brought on by actions on the a part of the plaintiff’s bar, who were in search of to learn themselves at the expense of the public generally. Problems are exacerbated when claims are aggregated via the mechanism of class actions.

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