5. What issues were in question? What point of view did the group/individual have on these issues?
It was questioned to the James Hardie’s attempt to cut their links with asbestos by awarding so-called “exemplary” damages. It illustrated a great deal of disregard for a plaintiff’s rights for a defendant to put itself in a position where it cannot satisfy a plaintiff’s appropriate claim for compensation. When a 1.5 billion shortfall in the 2001 trust was exposed in 2003, James Hardie said it would not pay those claimants who missed out. After a public disapproval, Banton played a leading role, to change the original decision as himself among others were appalled with decision.
Exemplary damages: punishment for actions in contumelious disregard …show more content…
It was a huge problem for James Hardie in this case as they had the burden of making payouts to many people was a financial restraint the company had to suffer as a result of making large payouts.
Banton among others opposed on the decision made by James Hardie as it was
James Hardie didn’t like the idea of needing to change the amount of damages they needed to pay to many people and their families. It was a problem for them to…
8. What was the outcome of the case? Who was successful? What did the judges …show more content…
The judge’s decision was if you settle your claim on a full and final damages basis, rather than a provisional damages basis, then you can never make another claim, even if you develop mesothelioma or lung cancer. The difference between a settlement on a provisional damages basis and a full and final damages basis is normally about $10,000 to $20,000; that is, if you settle your claim on a full and final basis rather than a provisional damages basis you will receive an extra $10,000 to $20,000 now.
You will, however, give up the right to claim further damages in the vicinity of $100,000 to $250,000 in the event that you contract mesothelioma or lung cancer. (fix!)
9. How did the decision affect the individual/group concerned
The decision was
10. How did the decision affect others? For example government, businesses and other like groups/individuals.
Bernie Banton and his campaign had an overwhelming impact on the individuals who suffered from asbestos disease. The case has helped in changing the opinions of government and influencing changes in the law.
Page 315 of legal
It was questioned to the James Hardie’s attempt to cut their links with asbestos by awarding so-called “exemplary” damages. It illustrated a great deal of disregard for a plaintiff’s rights for a defendant to put itself in a position where it cannot satisfy a plaintiff’s appropriate claim for compensation. When a 1.5 billion shortfall in the 2001 trust was exposed in 2003, James Hardie said it would not pay those claimants who missed out. After a public disapproval, Banton played a leading role, to change the original decision as himself among others were appalled with decision.
Exemplary damages: punishment for actions in contumelious disregard …show more content…
It was a huge problem for James Hardie in this case as they had the burden of making payouts to many people was a financial restraint the company had to suffer as a result of making large payouts.
Banton among others opposed on the decision made by James Hardie as it was
James Hardie didn’t like the idea of needing to change the amount of damages they needed to pay to many people and their families. It was a problem for them to…
8. What was the outcome of the case? Who was successful? What did the judges …show more content…
The judge’s decision was if you settle your claim on a full and final damages basis, rather than a provisional damages basis, then you can never make another claim, even if you develop mesothelioma or lung cancer. The difference between a settlement on a provisional damages basis and a full and final damages basis is normally about $10,000 to $20,000; that is, if you settle your claim on a full and final basis rather than a provisional damages basis you will receive an extra $10,000 to $20,000 now.
You will, however, give up the right to claim further damages in the vicinity of $100,000 to $250,000 in the event that you contract mesothelioma or lung cancer. (fix!)
9. How did the decision affect the individual/group concerned
The decision was
10. How did the decision affect others? For example government, businesses and other like groups/individuals.
Bernie Banton and his campaign had an overwhelming impact on the individuals who suffered from asbestos disease. The case has helped in changing the opinions of government and influencing changes in the law.
Page 315 of legal