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[quote author=07373B20200B1C3B27203120203126540 link=1259614494/6#6 date=1259791140]The common law is a law form that cherishes freedom and personal responsibility. In fact, there is probably no other form of law that offers so much freedom. The freedom to do pretty much anything you want as long as you do not injure someone else or damage their property. Now that is freedom baby; however, with freedom comes great responsibility; therefore, the downside to the common law is that it requires strict, personal liability. The guilty party pays for all the injuries and damages they cause and if they cannot pay, well then, we'll just take the tort feasor to the doorpost of the victim's house and push an awl through his ear, put a ring in it, and make him the bond servant of the victim until the damages are paid in full. Ouch! That is brutal. What ever happened to kinder and gentler? So since man really hates to be personally responsible we created limited liability and insurance. Insurance policies create a guardian ward relationship, the insurance company is now the guardian and responsible party while the policy holder limits their responsibility to the cost of the premium and the deductible. Sweet. Now that is the kind of responsibility most men love. Now we can be as responsible as Kathy Bates in "Fried Green Tomatoes". But what's the downside? The insurance contract, which creates the guardian ward relationship and all it's terms and conditions which are not within the jurisdiction of the common law, but the private municipal statutes of the State, which were no doubt written by an insurance company lawyer. As an example: where did seat belt laws and speed limits originate? With the guardian, the insurance company, in order to close their claims window and increase profit margins. How about drunk driving statutes? State legislatures no doubt passed all kinds of drunk driving statutes due to the lobbying efforts of the guardian insurance companies, because all the wards out there driving drunk and causing accidents, like Lindsay Lohan, were really putting a crimp in profit margins, but hey, the upside is, you can hit a patch of ice on the freeway, totally sober, slide into the oncoming car causing $12,000.00 in damages, hospitalize the driver to the tune of $48,000.00 causing $60,000.00 total damage and your limited liability only comes to around $1,700.00 ($100.00/month premiums for 12 mos. and a $500.00 deductible). Whoa, that is real freedom, the freedom to NOT be responsible for your actions. Why don't I have insurance? I think I'm missing out, oh wait, I am responsible for all my actions and if I cause a damage I pay the damage or I am in bond servitude to the victim until I do pay it off.[/quote]
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