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To: kollmhn who wrote (6955)2/25/2002 10:11:11 AM
From: kodiak_bull  Respond to of 206105
 
As per law, it's only as good as the system used to interpret it and enforce it. Contract and tort law are the keystones to a civilized society; how we determine to enforce them is the key to whether we will remain a civilized society. California is proposing nothing any different from a purchaser of CPN shares who wants to DK his trade when they go down. Who should take the loss? Well, why not his broker, after all, brokers are capitalists, so brokers are crooks. Proof that the individual investor (like California) is innocent is that he NEVER INTENDED to take one side in a transaction that would end up in a loss. I don't suppose California would be trying to squiggle out of their contracts if NG were $13, now, do you?

As for the woman suing VW, that's under an old hoary principle of U.S. court law: the Deep Pocket. It especially applies to widows and orphans of DUI types who end up barbecued in their own vehicle. Look for the Deep Pocket to be 1) the auto manufacturer 2) the company that owns the truck that the drunk crashed into after crossing the median or 3) the tire manufacturer. Often juries can award "partial" awards of $$$$$ to the widow and orphans on the idea that even if the boozer were 90% responsible for the self immolation and property damage, it's just possible that, seen in a certain light, making some very tenuous assumptions, that the car mfr or someone else was a tiny bit responsible. These things get settled rather than going to court, maybe $90K, $30K for the lawyers, of course. Boys and girls, can anyone spell s-t-r-i-k-e suit?

Kb