Court remedies fail small traders because individual losses cannot justify litigation cost.
Evidence
While recourse can be had to the courts for most, if not all, of the practices declared to be unfair by this bill, litigation is but seldom resorted to except in cases involving large sums. Litigation is frequently unsatisfactory as a practical matter. The commodities are highly perishable. In case of dispute inmediate disposition must be made of them. Buyers and sellers are often hundreds and frequently thousands of miles apart. In such circumstances litigation is expensive. β¦ The farmer, small shipper, or the manager of a small cooperative association does not have the time or money to conduct the necessary investigation for successful prosecution. Long delays occur in the adjudication of complaints, and frequently judgments can not be collected when awarded. In many cases the amount of the loss suffered from the unfair practice does not warrant the cost of litigation, but taken in the appregate, these losses are g tremendous burden upon these industries. β Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 1370
Categorization
- XREF: connects to: Official agencies can regulate private law-making without supplanting it β Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems inβ¦, 4260; Rising individual worth and falling money value make monetized justice impossible. β Georg Simmel, on individuality and social forms_β¦, 370; Larger transactions worsen the liquidity trap of litigation. β Lisa Bernestein, Opting out of the Legal System, 214
Broader Connections
- Larger transactions worsen the liquidity trap of litigation.
#expands(0.85) β Lisa Bernestein, Opting out of the Legal System, 214 - Rising individual worth and falling money value make monetized justice impossible.
#complicates(0.75) β Georg Simmel, on individuality and social forms_β¦, 370