this is a funny and crooked real life case that was discussed in my business law lecture (tort law) - anyway... u dun really need to know the law to see the twisted-ness... haha...

State Rail Authority v Wiegold

Facts: Plaintiff, employed by the Defendant as a maintenance linesman, was injured when he fell down a railway embankment. The Plaintiff could not see where he was going because the torch he had been given by the defendant was not working. Following the accident, the P received workers compensation, but he began to worry about how he could support his family once his entitlements ran out. His solution was to grow and sell marijuana (drugs). P was arrested, convicted and imprisoned. He sued the D alleging that the employer’s negligence caused his imprisonment.

Held (trial court): The plaintiff would not be in prison but for the defendant’s negligence and awarded damages to the plaintiff.

Held (on appeal): As a matter of policy (i.e. common sense), the imprisonment was not caused by the defendant’s negligence. The plaintiff could not prove it was more probable than not that the defendant caused him to engage in criminal activities.

Our legal system actually gives a lot of allowances to base things on how a normal and reasonable person would see things. But since all men have fallen short of the glory of God, i guess our law is never going to be perfect...
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Thursday, May 15, 20089:16 PM