This is discussion.

SEQ CHAPTER \h \r 1 Comparative negligence of a child (Response Question ) So .what do you think about this defense ? Do you think it 's viable ? Are there other things to consider

Unfortunately , it is a viable defense . At least there are legal precedents and provisions for contributory negligence . But i always that defense was mostly used in business to business contract disputes I thought it worked this way : if company A hires company B to do , say , a financial audit . If company A doesn 't give B all of its records , and

br then sues them for giving the wrong audit position , then company contributed to the wrongdoing by NOT giving company B the records it needed . Also , considering that this is a 7 year old , the question becomes what 7 year old is beyond negligence . As adults we have a higher responsibility than children . I would say that only adults can truly be guilty of contributory negligence . The main thing to consider is that the driver was drunk . What could any 7 year old (or 17 or 70 year old ) do to ward off a drunk driver . If he lost control due to his drunkeness there was nothing that child could have done except stay in the house . And that is unreasonable . No jury should award in their favor or against the defendant

Pre-Judgment versus Post-Judgment Interest (Response Question ) Make sense

The interest makes sense . What doesn 't make sense is that there is no precedent or clarification on how the interest is actually calculated That is where a good lawyer comes in . He /she would have to specify how they want it done in the initial lawsuit . I think that interest on awarded damages gives the recipient an opportunity to be compensated for the time it takes to complete the suit and transfer the money . After 4 years the interest really isn 't pocket money , it is just adjusting the award for inflation . The other thing interest does is allow you to get more money than would normally be allowed in a particular type of lawsuit . I think that courts should make uniform rules for the interest rate that can be awarded on specific cases , and set rules on how it will be calculated to prevent further bickering between the parties , and further appeals over the interest that has to be paid...