George W. Jarecke and Nancy K. Plant present a selection of cases across a broad spectrum of American law to demonstrate that our society relies inappropriately on the legal system to cure ills the system was not designed to address.
Jarecke and Plant note that while we in the United States worry considerably about the problem of individual assumption of responsibilitywhether for personal mistakes, financial setbacks, or pure bad luckwe appear uneasy about the concept and unclear about what it means on a daily basis. Not only are we incapable of accepting personal responsibility; we barely know what it means to do so.
Mistakenly, we turn to the legal system to solve this dilemma. Yet our laws as our legislators write them, as judges interpret them, as lawyers argue them, and as juries apply them send mixed messages about whether and how we should exercise personal responsibility.
Each chapter of Confounded Expectations features one main case to explain one legal theory, with other cases noted as examples of facets of each theory. To demonstrate the law that requires merchants to guarantee the quality of their products, for example, Jarecke and Plant discuss the case of the band mothers whose fund-raising luncheon menu included turkey salad contaminated by salmonella. Peripheral cases include a horse falsely sold as a gelding, a riding mower that tipped over when used as instructed, makeup that was guaranteed to be safe but caused a rash, and pigs sick with hog cholera.
|Publisher:||Southern Illinois University Press|
|Edition description:||1st Edition|
|Product dimensions:||6.00(w) x 9.00(h) x 0.50(d)|
About the Author
George W. Jarecke, former instructor in the English department at Auburn University and in-house counsel at American International Group, is now a part-time lawyer and full-time writer.
Nancy K. Plant, former associate professor at Widener University School of Law in Wilmington, Delaware, is currently in-house counsel at Immunex Corporation, a biotechnology company in Seattle.
Table of Contents
|Introduction: The Unintentional Balloonist with Button Slippers||1|
|Part 1||Following the Rules|
|1.||Sex in the Backseat: More Dangerous Than You Think||11|
|2.||It's Not What You Say That Hurts You: The Implied Warranties||17|
|3.||This Land Is Your Land: Whether You Want It or Not||25|
|Part 2||Making It Fair|
|4.||Mary and Her Little Lamb: A Wolf in Sheep's Clothing?||35|
|5.||Sweet Home, Alabama: Punitive Damages as Lottery||42|
|6.||Accidents Will Happen||49|
|Part 3||Gaming the System|
|7.||The Case of the Cranky Professor||59|
|8.||Someone's Knocking at My Door: And She Has a Summons and a Complaint||66|
|9.||The Fresh Start: But Not for the Rotten Apples||76|
|Part 4||Weighing the Interests|
|10.||The Hole in the Safety Net: When the Government Goofs||87|
|11.||When a Promise Isn't a Promise||94|
|12.||The Buck Stops Here: When Delegating Authority Isn't Enough||102|
|13.||Murder Most Foul||109|
|Conclusion: Vanishing Remedies||117|