Deep Pocket in Law and Economics
Deep pocket is a concept often used in the law and economics of tort law. It refers to the idea that the risk of an activity should be borne by a person that is in a relatively good position to handle it. This can be achieved by either spreading the risk over a large number of risk-bearers (usually by means of insurance), or by imposing it on a person that is relatively risk-neutral. The latter is often assumed to be the case for wealthy individuals or large corporations, who are referred to as having "deep pockets", since their wealth will not be affected very strongly if the risk materializes. For example, a deep pocket argument might, among other arguments, be used to justify product liability, as producers with "deep pockets" will normally be better able to accommodate the risk of damages than individual consumers not endowed with "deep pockets".
A variation on term refers to the special subtype of frivolous litigation where plaintiffs target wealthy or corporate defendants for little other reason than them having high resources. These cases involve plaintiffs who have suffered genuine damages, but the true culpability lies squarely with a individual or small entity who has very little money that could be collected if the suit was won. Instead, the plaintiff targets the nearest marginally related large corporation or wealthy defendant, often with a weak accusation of negligence. A popular example is a person being shot by a criminal, and suing the manufacturer of the firearm instead of their attacker.
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Famous quotes containing the words deep, pocket, law and/or economics:
“I saw a towr on a toft tryely y-maked;
A deep dale benethe, a dungeoun thereinne
With deepe dikes and derke and dredful of sight.”
—William Langland (13301400)
“The legitimate powers of government extend to such acts only as are injurious to others. But it does me no injury for my neighbour to say there are twenty gods, or no god. It neither picks my pocket nor breaks my leg.”
—Thomas Jefferson (17431826)
“I wish my countrymen to consider that whatever the human law may be, neither an individual nor a nation can ever commit the least act of injustice against the obscurest individual without having to pay the penalty for it. A government which deliberately enacts injustice, and persists in it, will at length even become the laughing-stock of the world.”
—Henry David Thoreau (18171862)
“There is no such thing as a free lunch.”
—Anonymous.
An axiom from economics popular in the 1960s, the words have no known source, though have been dated to the 1840s, when they were used in saloons where snacks were offered to customers. Ascribed to an Italian immigrant outside Grand Central Station, New York, in Alistair Cookes America (epilogue, 1973)