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Re: Shoplifting, concealment, liability presumption

From: Alan Mackenzie
Subject: Re: Shoplifting, concealment, liability presumption
Date: Tue, 04 May 2010 16:08:38 -0000
User-agent: tin/1.6.2-20030910 ("Pabbay") (UNIX) (FreeBSD/4.11-RELEASE (i386))

Hyman Rosen <> wrote:
> On 3/11/2010 3:26 AM, Alan Mackenzie wrote:
>> In the system I envisage, such wouldn't normally be necessary, except
>> in complicated cases.

> There is already small-claims court for very small cases.

Depends on where you are.  But your emphasis on "very" is apt for
anywhere I've lived.

> But generally both sides in a dispute will want the most able advocates
> they can get, and they will continue to want that no matter what system
> is in place to adjudicate disputes.

I disagree.  Generally, both sides in a dispute want the dispute settled
rapidly and cheaply enough that an adverse decision won't risk their
standard of living.

How cheap is cheap enough?  I'd say, say, 10% of the value of the claim.
Anything above that, the system's broken.  Rapidly enough?  Well, I can't
see why a typical case couldn't be resolved in ~6 weeks.  It was in times

Alan Mackenzie (Nuremberg, Germany).

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