The Liberal Order

Strict Liability v. Negligence - An Example of the Latter

Watch the video below. (Caution: Language) It looks like a couple of joy riders or some suicidal person with a death wish. I'll say more after the video jump.

 

 

Apparently it's a woman who suffered problems with a diabetic attack. Now, had she ventured onto oncoming traffic and killed someone, would she suffer civil lebal liability? It depends.

Had she struggled with this problem in the past, it was then a foreseeable hazard for her to be driving. If, however, this was a first occurrence, and more importantly if she didn't even know she had diabetes, then the potential for accident was not foreseeable and she would likely not be held liable. That may be a tough burden to prove in either direction.

In the end, some enterprising lawyer would have devised some reason to sue the car company and the state for not removing snow from the median. Fortunately, she did not hit anyone.

In Search of Consideration

In Alaska Packers' Association v. Domenico, two sailors sued the fisherman who hired them after the latter refused to pay the former money he had promised them. Prior to leaving the docks for the fishing expedition, the sailors agreed to receive a $50 payment plus a fee of 2¢ per salmon that was caught during the trip. Once at sea, the sailors refused to work unless the fisherman agreed to increase their payment to $100. 

The court ruled that lacking consideration for agreeing to increase the payment to $100, the agreement was not enforceable. The court's ruling was important because it reinforced the notion of a contract as an agreement to mutually benefit both parties to an exchange.

It seems that a charter airline company attempted doing to its passengers what Domenico tried to do to the fisherman.

Comtel Air passengers on a Tuesday flight from to Birmingham, England, from the Indian city of Amritsar were hit up for 130 pounds -- about $200 each -- during a layover in Vienna. They were allowed off the aircraft to take the money from teller machines, a process that took about seven hours. There were varying accounts of what the money was to pay for, ranging from fuel to fees. 

In Alaska Packers' Association v. Domenico, two sailors sued the fisherman who hired them after the latter refused to pay the former money he had promised them. Prior to leaving the docks for the fishing expedition, the sailors agreed to receive a $50 payment plus a fee of 2¢ per salmon that was caught during the trip. Once at sea, the sailors refused to work unless the fisherman agreed to increase their payment to $100. 

The court ruled that lacking consideration for agreeing to increase the payment to $100, the agreement was not enforceable. The court's ruling was important because it reinforced the notion of a contract as an agreement to mutually benefit both parties to an exchange.

It seems that a charter airline company attempted doing to its passengers what Domenico tried to do to the fisherman.

Comtel Air passengers on a Tuesday flight from to Birmingham, England, from the Indian city of Amritsar were hit up for 130 pounds -- about $200 each -- during a layover in Vienna. They were allowed off the aircraft to take the money from teller machines, a process that took about seven hours. There were varying accounts of what the money was to pay for, ranging from fuel to fees. 

The World's Most Innovative Companies

The economist reports on the world's most innovative companies. The U.S. rocks in this area. 

Raleigh Is #1 and North Carolina Is #2

According to Businessweek, Raleigh is "America's best city." (HT: Lauren)

And according to the Business Journal, North Carolina has the second most favorable business climate among all states (second only to Texas).

In the latest survey of 322 corporate executives, 49.4 percent named Texas as having one of the most favorable business climates in the nation. North Carolina was named by 27.8 percent, and South Carolina was cited by 14.3 percent. When asked why they selected various states as being best for business, respondents frequently mentioned low operating costs and a pro-business climate. 

I'm also guessing that both are right-to-work states with a low percentage of unionized workers.

It's the Spending

Federal statistics reviewed by The Associated Press show that in 2010, just 227 passengers flew out of Ely[, Nev} while the airline got $1.8 million in subsidies. The travelers paid $70 to $90 for a one-way ticket. The cost to taxpayers for each ticket: $4,107.

Ely is one of 153 rural communities where airlines get subsidies through the $200 million Essential Air Service program, and one of 13 that critics say should be eliminated from it. Some call the spending a boondoggle, but others see it as a critical financial lifeline to ensure economic stability in rural areas.

Story here.

It's a small amount in terms of the overall federal budget, but programs like this add up.

The More Things Change, The More They Stay The Same

But with three exceptions--the Mercedes-Benz S550, Smart Fortwo and Nissan Titan--all of the cars on this year's list of the Worst Cars on the Road are (still) made by domestic companies. That includes the Dodge Dakota, Chevy Tahoe Hybrid and Chrysler Town & Country. The only American car company with zero vehicles on the list? Ford. (MS: Emphasis mine.)

Is this really a surprise? So much for recouping taxpayers investment in bailout of GM and Chrysler. If only there were a way to get people to buy more Chevy Volts. 

 

Why Have Gas Prices Risen So Rapidly?

Ten reasons from the U.S. Energy Information Administration. 

The U.S. average retail price of regular gasoline gained 19 cents versus last week, marking the second largest weekly increase since the EIA began tracking weekly retail price data in 1990. The only week posting a larger increase was in September 2005 when retail prices rose sharply due to Hurricane Katrina. At $3.38 per gallon, gasoline is now $0.68 per gallon higher than last year at this time. Prices in the Midwest jumped almost 23 cents, the biggest increase in the country. The Gulf Coast followed closely behind, with gasoline prices in the region gaining 22 cents on the week. The East Coast saw an increase of over 18 cents, while the West Coast gasoline price advanced 14 cents. The smallest increase this week was in the Rocky Mountain region, where the price rose 11 cents, making gasoline in the Rocky Mountains the lowest in the country at $3.18 per gallon. The most expensive gasoline among the major regions is on the West Coast, where the average retail price is $3.62 per gallon.

 

Another Example of the Law of Unintended Consequences

[Representative John] Mica, one of the authors of the original TSA bill, has recently written to the heads of more than 150 airports nationwide suggesting they opt out of TSA screening. "When the TSA was established, it was never envisioned that it would become a huge, unwieldy bureaucracy which was soon to grow to 67,000 employees," Mica writes. "As TSA has grown larger, more impersonal, and administratively top-heavy, I believe it is important that airports across the country consider utilizing the opt-out provision provided by law."

Story here. HT: Brad Birzer

Also, for a good laugh, read Penn Jillette's TSA encounter.

The TSA and Full-Body Scanning

Quizzed by lawmakers about a controversial new airport procedure that uses revealing full-body scan machines and intimate "pat-downs" of those who object or set off alarms, TSA Administrator John S. Pistole appealed to the flying public to become "partners" in the effort to combat terrorism.

But Pistole told the Senate Committee on Homeland Security and Governmental Affairs that his inspectors at 453 of the nation's airports are not going to back down in the face of complaints that techniques are invasive.

He said they try to strike a balance between privacy and security needs. "We want to be sensitive to people's feelings about privacy," he said. "We have to ensure that each person getting on every flight is secure."

Story here.

Hmmm?!? This reminds me of an image I saw a few years back . . .