Simulation and Analysis of the Hydro-Pneumatic Suspension System

Question: Decribe about Common law, Foreseeability, ERISA and its effects on Health insurance and Tort reform proposal. Answer: Common law: The common law is a court decision that may change over time. The health care industry is one of the huge industries in the US. The health care law can affect those people who provide, receive and pay for, regulate the health care services. The law is consisted by the rules. The local people in the society must abide these rules. The Common law is derived from the judicial decisions. It is a judge-made-law. The common law was created when the judiciary process interprets previous legal decisions with respect to a case. It suggests to laws, which depend on the society and principle of the culture. These principles are used in the court cases. In the United States, common laws are used to guarantee parallel outcome for the same cases. The higher court could make a decision on a case and the lower court must follow that verdict. If the court finds a case different from previous cases heard by other courts, its verdict is likely to build precedent for future cases on that topic. The term common law was first coined in the 12th century during the supremacy of Henry II of England. The newly formed common states of America followed their personal forms of common law, detach from the other federal law. The federal courts of the country use the common law when deciding federal cases. In some cases, federal court might hear a case under the state law. If the court ordain a case to be fundamentally dissimilar from previous cases heard by other courts, its verdict is likely to make precedent for future cases on that topic. In the United States, the Supreme Court rules on the common law in assortment cases. The common law can be diff erentiated into two parts such as pure common law and interstitial common law. The pure common law arises from the traditional and implicit authority of court. On the other hand, interstitial common law consists with the judicial interpretation of the constitution. Therefore, the basic purpose of the common law is to establish different facts such as locate related status, past cases that appertain. Foreseeability Concept of Foreseeability: the foreseeability suggests the proximate cause in the law of negligence. The proximate cause might involve the primary cause of the injury to any individual. It is a concept used in tort law. Foreseeability is primarily used to limit the liability of a party to his act that might create a risk of foreseeable harm to any individual in the society. It indicates that individual can understand the effect of the harm caused by a party in the society. Under the negligence law, it has been clearly said that the every individual should perform his or her act properly to avoid the harmful effect. It could facilitate to reduce the risk of the injury to any individual in the society. Most of the time, foreseeability causes the physical injury to the person. In the contract law, the concept of foreseeability is used to prevent the consequential damages to those cases that are predictable. It is the leading choice to determine the proximate cause. The law restricts the scope of accountability based on the type of damage and the mode of the impairment. However, it does not include the extent of the injury. It can be explained such as unforeseeable type of harm and unforeseeable manner of harm. In unforeseeable type of damage, an individual who cause grievance to other person is not liable if the category of injury is not created by applying force. It is under the negligence act. On the other hand, unforeseeable way of harm occurs when an individual cause injury to another person is not legally responsible for a superseding cause. ERISA and its effects on Health insurance The federal law suggests The Employee Retirement Income Security act of 1974. It sets least standard of most voluntarily established pension and the health plans in the private industry. The prime role of this law is to provide the protection for individuals in the society. It requires the plan for providing the plan information to the participants about plan features and funding. ERISA also grant fiduciary liability for the people who control and manage the plan assets. It requires a plan to set up a objection. ERISA appeals procedure for the participants to get benefits from their individual plan. The law provides rights to the participants to appeal for reimbursement and breaches of fiduciary responsibility. There have been number of amendments to the ERISA act. It expands the protection to health benefits plan for participants and beneficiaries. One of the important amendments is the Consolidated Omnibus budget Reconciliation Act (COBRA). It allows some workers and their family t o get the right for continuing their health coverage for a limited time after certain events. A further important amendment is the Health insurance Portability and Accountability Act (HIPAA) that provides new protection for the working Americans and their families. However, ERISA does not provide the group health plan. States can indirectly regulate the healthcare plans, which provide the benefits through insurance contracts. It also raises money by imposing premium taxes. However, they cannot do the same thing with self-funded plans. State regulation of the employee benefits can cause three problems such as cost of taxes, cost of dealing with substantive and the cost of identifying. As per the law, the court decided that any individual could not recover any damages as he has suffered by wrongful denial. Moreover, it does not cover punitive damages. Therefore, it can be assessed that over the years, ERISA has become less employee friendly. Tort reform proposal 1st proposal Most of the people do not know whether they are applicable for claiming the benefits. Moreover, they do not aware of their protection. The temporarily disabled people want their medical bills and other injury related expenses. The tort system actually delayed the system of providing benefits to the victim. In case of high amount, the tort system takes long time to investigate the incident and after that, the victim gets the benefit. Therefore, it is a lengthy process. It is proposed to implicate trade-off that would reduce nearly all short-term disability cases from the tort system. However, the trade-off would be a difficult task, as it would be based on the typical arrangements that many employee already have. 2nd proposal Many people cannot work due to their disability. It makes them deprived of doing normal activity in daily life. Many people have been suffering from serious and permanent impairment or disfigurement. Therefore, it is proposed to reshaping the tort law so that those people could easily get the compensation. Through the engagement of reshaping the compensation system, the tort system could provide better support to the victims. The modern compensation must be incorporate in each department of the tort system. Once again, a trade is proposed to make victims and defendants better off. In the modern compensation policy, the victims should not provide the large amount of their benefit to the lawyers. Therefore, the tort defendants are required to pay successful tort plaintiffs reasonable legal fees. On the contrary, many victims do not bother about the benefits of the tort system and they sort out the issues by their own. This system must be changed.