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> if some technicalities failing to be technicalities could result on you losing everything Could this be solved if we moved towards more % based monetary pen

• jjk166 5y ago
  If anything it would make it worse. For those who are making a little over ends meet, a small percentage loss could put them under the threshold, whereas those with far more than they need can afford to lose a larger portion of their wealth. More fundamentally, the purpose of such measures is explicitly to discourage the bringing of suits - anything big enough to be a viable deterrent to bad faith actors will inevitably also be big enough to deter good faith actors.
• munk-a 5y ago
  It might make sense if potential legal liability was limited to your own expenditure (though that might get complicated with self-representation). For instance if you've spent 30k on a defense vs. a company that put in 20M - you'd be on the hook for 30k or some multiplier/proportion of that. It'd essentially be a one-way filter: little guys get protection and bigger companies receive almost none - but it might also be exploitable by legal trolls filing bogus suits with essentially no liability exposure. The law of the law be a complicated and harsh mistress.