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Besides what others said, "loser pays" gives incentive to increase total legal costs where people who think they have a strong case where the other will pay cou
by quadrangle 10y ago
Besides what others said, "loser pays" gives incentive to increase total legal costs where people who think they have a strong case where the other will pay could spend absurdly on the suit. And it reinforces sunk cost too. Once you're into the case, you better do everything it takes to win at all costs (since you won't face the burden of any of those costs if you do win).
- pkolaczk 10y agoThat's why there should be a limit on the costs that are returned by the loser, based on the average estimation. In Poland there is no point in spending absurdly, because you won't get anything over the limit back, regardless of who wins.