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PaperclipPerfector  1yr ago (text post)   26880 thread views

Culture War Roundup for the week of September 4, 2023

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Trade might happen without government violence (though they would still be involved in protecting the property of those engaged in trade), but the corporation as it exists in modern America is absolutely the product of government intervention, especially in terms of creating the necessary legal infrastructure for things such as limited liability companies. In addition government intervention assists corporate activity via patents and trademarks, regulation of union activity and most of all creating the peaceable environment that allows their private property 'rights' to have any meaning at all.

Why couldn’t limited liability corporations exists without government?

If I buy consumer product from “Y” there is a risks the product fails and I get hurt etc. But I could still see public disclosures on their equity risks and see that the loss to shareholders is limited. So if I buy a car from them and the brakes fail killing my daughter I still contracted for that risks and as the consumer would realize I can’t sue them for full value.

because limited liability for tort victims only exists with state intervention

limited liability against consumers, creditors, employees, other known parties, could all be done by mutual agreement, but limited liability to third parties, e.g., someone who is killed by one of the corporation's drivers, can only exist with state intervention

to see how clownish this can get, check out some of the horror stories related to people who are injured by cabs: driver has no money, car is owned by one company, taxi medallion owned by another company, and only $20,000 (probably different now) insurance policy is required

So if I buy a car from them and the brakes fail killing my daughter I still contracted for that risks and as the consumer would realize I can’t sue them for full value.

you may have agreed to the risk, but the claim would rest with your daughter, for which you likely have a survivor claim wrongful death lawsuit on her behalf, even if we agreed you had signed away your "rights" by buying the product

I'm sure we could come up with a hypo to avoid this issue and I only mentioned this because it reveals a third party innocent who has not agreed to limited liability.

Can agree unrelated third party issues would exists.

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