medium · LSAT Reading Comprehension

Passage A: Tort law serves the dual purpose of compensating victims of negligence and deterring future misconduct. When a company produces a defective product that causes harm, it should be held responsible for the full extent of the injuries. This ensures that the costs of accidents are borne by the entity that created the risk, incentivizing safer designs and practices. Large damage awards are not just windfalls for plaintiffs; they are a vital mechanism for social accountability, ensuring that profit-driven corporations prioritize the safety of the consumers they serve. Passage B: The current tort system has been distorted by excessive damage awards that drive up the cost of goods and services for everyone. When juries award massive sums for non-economic harms or punitive damages, it creates a lottery-like atmosphere that encourages frivolous litigation and stifles innovation. Companies are often forced to settle even meritless claims to avoid the risk of a ruinous verdict. We should implement tort reform measures, such as caps on non-economic damages, to restore predictability and ensure that the legal system does not become an unsustainable burden on the national economy.

Based on the two passages, with which of the following statements would both authors most likely agree?

  1. The way liability claims are resolved shapes how firms make decisions and conduct themselves.
  2. Preserving corporate accountability outweighs concern for the broader cost burden on the economy.
  3. Lay juries are the parties best suited to assign a precise monetary figure to emotional suffering.
  4. Anyone harmed by a defective product is entitled to a minimum award of several million dollars.
  5. Whether legislatures rather than courts should set the procedural rules that govern product-liability trials.

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