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1 - Digesting Torts: An Explanation

Published online by Cambridge University Press:  05 June 2012

Joel Levin
Affiliation:
Case Western Reserve University, Ohio
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Summary

Consider a blizzardy Monday morning at 8:30. Our hero, not finding his morning paper, snatches his neighbor's, but not before his neighbor's dog takes a bite out of him. Blood-stained, paper in hand, our hero drives to the local café secretly to meet his main rival's CEO, John D., to discuss dividing the market. Bad news awaits. John D. fails to appear, while the morning paper reveals the entry into the market of a new competitor, Standard Nonsense. He is shocked by the news, particularly as Standard Nonsense's president, J. P., told him yesterday on the back nine, off-the-record, of huge inventory losses. Our hero is irate, labels J. P. a liar and criminal to all within earshot, and flings his cup, striking the cashier. Muttering apologies, our hero leaves and, not noticing the icy build-up from the café's broken gutter, slips, badly bruising himself. Yet more upset, he enters his car, calls his broker to sell his shares in Standard Nonsense and to short Standard Nonsense further. Paying scant attention to the road, our hero runs a stop sign, slams into a conductor on the commuter train, and then sideswipes another car. Finally, arriving at work and needing caffeine (having thrown his portion at the cashier), he screams for his elderly secretary to make fresh coffee pronto and, when her age and orthopedic problems prevent her from scurrying fast enough, he calls her sexually offensive names and fires her.

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Tort Wars , pp. 9 - 38
Publisher: Cambridge University Press
Print publication year: 2008

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