The PBA opposes any change to the existing law of the Commonwealth, as proposed in Senate Bill 5, to 42 Pa. The reason for its opposition was based upon constitutional evaluation as well as freedom of choice. In the employment law situation, an employee s right to trial by jury is waived by this act. In addition, the employee s freedom of choice is terminated by this subsection, in that the choice is being made by his employer. There are times when the interests of employers and employees differ.
Common law permits a parent to contract for a child.
In the area of tort law, the subcommittee was concerned about the welfare of a minor. Pa. R.C.P. Rule 2039. The PBA opposes any change to the existing law of the Commonwealth, as proposed in Senate Bill 5, to 42 Pa. The subcommittee studying this issue felt that it was inappropriate to incorporate, within the defenses afforded the product seller, concepts of negligence and standards of measure based upon reasonableness. The subcommittee also found objectionable the introduction of these concepts in measuring the availability of a defense for a product seller.