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Date: Tue, 5 Sep 1995 09:03:39 -0700
To: mdufour@CA*.OR* (Marc Dufour)
From: cherf@ci*.co* (Scott Cherf)
Subject: Re: Flames
Cc: techdiver@terra.net
At 10:41 PM 9/4/95, Marc Dufour wrote:

>   So, this could mean that the European system of federated diving clubs
>that are strictly non-profit is doing a better job of training divers... It
>seems that this kind of "regulation" is the right thing. But it's too bad
>that the American system is being slowly exported to the rest of the world.

I don't think it would make much difference.  The 'for profit/not for
profit' distinction doesn't have much (if any) effect on the concept of
liability.  As evidence, note that NAUI is a not for profit organization
that sells liability insurance.

Current liability laws are an effort to deal with civil crime.  Alternatives
to them might be to:

1) treat civil crimes as crimes against the state, and prosecute as such.
2) Reinstate dueling, and let citizens work it out among themselves (1/2 :).

I'd prefer to see (1) happen before (2), but would accept (2) over the
current situation.  It would mean that a lot more people went to jail for
screwing up, but it would also take the profit motive away from ambulance
chasers.

So, I think we need to look at alternatives anyway.  Would someone comment
on the different treatment of liability in other countries?  I'm particularly
interested in Britain, since I've read Harvey & Bather's Constitutional Law,
and understand that much of the US civil system is derived from it.

Not sure this had much to do with diving.

Scott, who was once a law student.


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