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If a corporation operates a big oil platform in a reckless manner and causes billions in damages, who is "starting the court case?" Corporations are far more li
by vannevar 15y ago
If a corporation operates a big oil platform in a reckless manner and causes billions in damages, who is "starting the court case?" Corporations are far more likely than individuals to cause widespread harm, and they're also far more likely to use a cost/benefit analysis rather than morality to guide their decision-making. After all, contrary to the what the law says they're not people---individual responsibility is too dissipated in a big corporation for individual morality to influence behavior.
- Havoc 15y agoSuch a corporation as you describe will act that way (recklessly) regardless of whether its loser pays or not. Besides, its unreasonable to expect such a mechanism (loser pays) to catch cases involving billions in damage & unethical corporations. i.e. Just because there are cases that loser pays will not prevent doesn't mean loser pays is a bad idea.