LAW 122 Lecture Notes - Lecture 2: Liability Insurance, Independent Contractor, Strict Liability
20 Oct 2016
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Document Summary
Litigation: is the system of resolving disputes in court. Risks of litigation: expensive (lawyer fees, time consuming (can take up to years, unpredictable, frequently fatal to business relationships. People can postpone (as a part of a strategy to win) Litigation is rare: very few cases are decided by judges in court, most disputes are settled out of court; we rarely hear about those details. This has to be better than individual action to be certified/convince the court. After time evidence gets lost/ becomes murky. Can"t hold the threat of litigation over someone forever. Statement of defense denies the facts or any liability. Counterclaim claim that the defendant makes against plaintiff (sue back on the sue: lawsuit starts w: Rare, since court prefers to give money rather than force someone: rescission: terminates a contract. Enforcement: winning judgment vs. enforcing judgment, no relief unless judgment debtor actually pays, enforcement techniques: ie. garnishee income, important to know whether judgment will be enforceable.
