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by thaumasiotes
1702 days ago
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A penalty for filing a bad suit can be (and notionally already is!) part of the price of filing suit, just as overdraft penalties are part of the price of a bank account. A contract between the plaintiff and the defendant is not necessary. > Loser pays for frivolous lawsuits only (but not all failed lawsuits) is also a thing, and is common in US jurisdictions, but requires a separate court determination Requiring a separate court determination is a coincidence of the American system, not a logical necessity. |
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No, its a logical necessity. “Frivolous” is a separate facr feom “losing”.