1

How do caps on damages violate your Seventh Amendment rights? How does mandatory arbitration viol...

Question

How do caps on damages violate your Seventh Amendment rights? How does mandatory arbitration viol...

How do caps on damages violate your Seventh Amendment rights? How does mandatory arbitration violate your rights to a trial by jury? How many times have you signed an agreement like this and sacrificed your rights (cell phone, gym membership, credit cards?) Why would people vote to lose their rights by allowing caps on damages

Philosophy

Answers

Seventh amendment gives a person rights that guarantee a jury trial for civil cases in the federal courts.

By entering into a contract that has a cap on the maximum damages clause, the person sacrifices his /her seventh amendment rights partially, by agreeing to a pre determined capped value of damages payable irrespective to the quantum of damages actually caused by the breach from the other party. This puts the person at a compromising position while it saves the other party from entering into situations where it might have to pay huge amounts in damages. It actually gives the other party the freeway to work the way it likes, as it knows what a breach would cost at the most. Examples of such contracts are numerous. An example is a movie club membership that entitles you for a cap of $200 in damages in case of any eventualities. If a person sustains injuries due to negligence of club staff, and incurs $3500 in medical bills, all he is going to get is $200.

By entering into contract of mandatory arbitration, again the person partially sacrifices his rights under seventh amendment, where he /she is bound to engage in an arbitration with a mediator to resolve any dispute that may arise. This might give the other party, a liberty to do whatever it wants, including wilful negligence or breach with intention, because it knows that the matter would never go to a jury, and an arbitration would not cost much, if at all it happens.

The people often end up losing their rights because they never think it would ever materialise and reach up to that level. They see the perceived value they get from entering into a contract more than this risk ( for example, city's best gym having such clause will hardly deter anyone due to capped damages clause). It is often ignored or read over, when signing the contract, because a person thinks " I would not be the one who would ever have to go up to that level".


Similar Solved Questions

1 answers
Seaside Boat Company's bank statement for the month of September showed a balance per bank of...
Seaside Boat Company's bank statement for the month of September showed a balance per bank of $7,000. The company's Cash account in the general ledger had a balance of $4,667 at September 30. Other information is as follows: (1) Cash receipts for September 30 recorded on the company's bo...
1 answers
Question 20 3 pts Which three features are characteristic of the life cycle of all land...
Question 20 3 pts Which three features are characteristic of the life cycle of all land plants? O Alternation of generations, a dominant sporophyte, and spores. O Alternation of generations, embryos, and a dominant gametophyte. O A dominant sporophyte, spores, and embryos. Alternation of generations...
1 answers
3. (5 pts) Rank the following alkyl bromides in order of reactivity using numbers 1-5 (1...
3. (5 pts) Rank the following alkyl bromides in order of reactivity using numbers 1-5 (1 - most reactive: 5 least reactive) in an Sy2 reaction where the alkyl bromide is converted to the corresponding nitrile: NaCN R-Br R-CN + NaBr acetone 4. (5 pts) Rank the following alkyl bromides in order of rea...
1 answers
4, (2 p.) Imagine a world of only two periods and zero interest rates. A consumer's...
4, (2 p.) Imagine a world of only two periods and zero interest rates. A consumer's income is 60 in period 1 and 80 in period 2, taxes are 20 in each period, permanent disposable income is therefore 50, and consumption is 50 per period (since the world ends after period 2). The government now of...
1 answers
Compare Thallium Chloride and Thallium Iodide. Explain differences and say what happens when such halides (Chloride...
Compare Thallium Chloride and Thallium Iodide. Explain differences and say what happens when such halides (Chloride and Iodine) are added to Thalium added respectively....
1 answers
3. (5 points). You may assume these data are normal. You are studying a group of...
3. (5 points). You may assume these data are normal. You are studying a group of individuals who suffer from heartburn. You are trying a non-drug approach, having patients modify their diet and the time of day when they eat. You have data on the number of attacks before and the number of attacks aft...
1 answers
Problem 4-13 Calculating Growth Rotes and Future Values [LO 1, 3) In 1905, the first Green...
Problem 4-13 Calculating Growth Rotes and Future Values [LO 1, 3) In 1905, the first Green Jacket Golf Championship was held. The winner's prize money was $290. In 2015, the winner's check was $1650.000 What was the annual percentage increase in the winner's check over this period? (Do n...
1 answers
Learning Goal: To calculate the maximum allowable stresses in pressure vessels, compute the minimum allowable thickness...
Learning Goal: To calculate the maximum allowable stresses in pressure vessels, compute the minimum allowable thickness of pressure vessels to meet certain constraints, and observe and compare properties of different pressure vessel shapes. Engineers are considering two possible vessel shapes for st...
1 answers
Problem 5.88 Constants Abox of mass 113 kg rests on the flat floor of a truck...
Problem 5.88 Constants Abox of mass 113 kg rests on the flat floor of a truck The coefficients of friction between the box and floor are = 0.19 and 0.15 The truck stops at a stop sign and then starts to move with an acceleration of 2 19 m/s If the box is a distance 177 m from the rear of the truck w...
1 answers
P3-6A Hamilton Processing Company uses a weighted-average process cost system and manufactures a single product-an industrial...
P3-6A Hamilton Processing Company uses a weighted-average process cost system and manufactures a single product-an industrial carpet shampoo and cleaner used by many universities. The manufacturing activity for the month of October has just been com- pleted. A partially completed production cost rep...
1 answers
Suppose the following expenditures were made on goods and services produced in the United States in...
Suppose the following expenditures were made on goods and services produced in the United States in 2017: Consumption $10 trillion Investment 3 trillion Government Purchases 4 trillion Government Transfer Payments 2 trillion Exports 2 trillion Imports 3 trillion What was GDP for the year? $16 trilli...
1 answers
The number of aircraft landing at London Heathrow Airport per day is an example of a...
The number of aircraft landing at London Heathrow Airport per day is an example of a discrete random variable. (1) True. (2) False....
1 answers
What is the correct choice and why? Question 4 1 pts Do more Republicans (group A)...
what is the correct choice and why? Question 4 1 pts Do more Republicans (group A) than Democrats (group B) favor a bill to make it easier for someone to own a firearm? Two hundred Republicans and two hundred Democrats were asked if they favored a bill that made it easier for someone to own a fi...
1 answers
Price Controls and Taxes: Price A P Supply 2 в Е н G Demand Quantity 0 23) In the figure shown above, if pri...
Price Controls and Taxes: Price A P Supply 2 в Е н G Demand Quantity 0 23) In the figure shown above, if prices go from P1 to P3, what could this be due to? There is a tax imposed on suppliers per unit sold. Demand for the good increases due to an increase in people's incom5. T...
1 answers
? (0.5 pt) The -OH group is called the The first stage in the oxidation of a primary alcohol produces a/an product...
? (0.5 pt) The -OH group is called the The first stage in the oxidation of a primary alcohol produces a/an product is then oxidized to form a/an That . (1 pt)...
1 answers
2. Write the command that can be used to perform the following: a. Compress the symbolic...
2. Write the command that can be used to perform the following: a. Compress the symbolic link /root/sfile using the compress utility and display the compression ratio. b. Compress the contents of the directory /root/dir1 using the gzip utility and display the compression ratio. c. Decompress the fil...

-- 0.008964--