LAW 122 Lecture Notes - Lecture 1: Product Liability, Arbitration Clause, E.G. Time
6 Oct 2016
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Document Summary
Is the system of resolving disputes in court: risks of litigation: Frequently fatal to business relationships: litigation is rare. Very few cases are decided by judges in court. General rule : any person or corporation can sue or be sued. Person who lacks legal capacity can sue or be sued but must act through a representative (ie. child or adult with mental disability) Statutory authority required to sue government: class actions: Purpose: multiple claims against single defendant joined together in one action. Suing on behalf of large group of claimants; allows small individuals to take on large organizations. (ie. product liability, mass torts, workplace discrim. : class action requirements: Common issues: must be common issues amongst the various members of the class. Representative plaintiff: must represent the interests of the class members. Notification: must have plan for notifying potential class members (ie. notices in newspapers) as members of that class are bound by the decision.
