Limit or cap in a tort case
Limit or Cap in a Tort Case
The reforms of tort refer to a group of ideas which are set to revolutionize the legislation of the civil justice system with the aim of enhancing a reduction in tort litigation as well as damages. However, this raises questions on whether such reforms should be implemented to put a limit or a cap on the number of damages awarded to the plaintiff or not. An exploration of the reasons as to why a cap or a limit should not be there on the number of damages granted to the plaintiff is vital in understanding tort reforms.
The limitation of the number of damages awarded as compensation to the plaintiff carries the potential of infringing the rights of injured people. It makes a jury trial to be unobtainable since it decreases the chances or opportunities of the plaintiff to fight for what is believed to be constitutional. Consequently, it makes it tougher for the plaintiff to file a case. In essence, a limit should not be put on the amount of money or damages that should be awarded to the plaintiff because it deprives people of their rights to seek a fair trial.
Limiting the amount of money necessitates the creation of fear that might destabilize the operations of the court system. Notably, the concern is due to the revelation of the knowledge of the caps to the jury that might make it proceed and create an evasion strategy leading to unrests detrimental to the organs of law (Kang 469). Primarily, the limi…
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