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A naive implementation wouldn't work though - some companies need to sue lots of people, but will win almost all the time. It seems wrong to penalise the defend
by pbhjpbhj 6y ago
A naive implementation wouldn't work though - some companies need to sue lots of people, but will win almost all the time. It seems wrong to penalise the defendant because they committed a tort against someone who regularly successfully sues others.
Mind you, there's a "build footpaths where people walk" aspect here too. If someone is suing lots of people it might be that the law is 'wrong' (contrary to modal picnic views of morality, say) and that the demos don't find the action to be something the law should prohibit?
- MichaelZuo 6y agoThe implementation that mostly works well in Canada and Alaska is a partial loser-pays system. The areas of the judiciary where it’s not strictly applied are the areas that have the most problems, namely Family Courts.
- marcosdumay 6y agoIf the idea is any good (of course, I'm not certain), it can not be automatic, and can not be based on what part brings the issue to the court.