>
>Justin Schwartz wrote:
>
>
> >Nor do you have to be an L&E fan to think that deterrence as wella s
>compensation is a legitimate concern in the law. Just take my word for it,
>really, I am actually a professional, and I do know what I am talking about
>here.
>
>With due deference to your professional qualifications, there's another
>snag to this theory of yours. Most businesses and professionals these days
>have insured against liability for negligence. Damages pay-outs are
>effectively socialised, everyone pays to make the risk go away.
>
>If the purpose of damages awards was to deter negligence, rather than
>redress victims, then it would be necessary to legislate to ban negligence
>indemnity insurance which has thwarted the intent of the law.
>
>Bill Bartlett
>Bracknell Tas
First, we were talking contract, not tort law; the iussue was keeoing your promises, not exercising due care; the misleading use of carelessness talk came up when I pointed out that a reason people breach contracts is that they are careless in their own planning, not (one hopes) in the execution of the job, although that can lead to a breach of K suit as well as a negligence suit too. Be that as it may. Insuring against negligence lawsuits only partially socializes the risk; you still have to choose premiums, choose a policy, decide what level of risk to be exposed to, and if you are suit and try to collect under the policy, you probably have to sue your insurance compnay for coverage,a nd if you get it, they'll up your premiums and/or cut off your policy. The point is taht you still bear risk, and pay; inusrance isn't free, ublike your system, and all the things I mentioned give one an incentive to be careful, to keep one's coberage and one;s premiums low. Think, amn, does having auto insurance give peopole an incentive to dr8ive like there's no tomorrow? The people who do, often don't have insurance.
jks
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