Questions tagged [civil-damages]

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11 votes
4 answers
3k views

Does a purely accidental act preclude civil liability for its resulting damages?

A recent answer by Dale M. States that: A pure accident without any negligence on your part does not expose you to liability. Is this the general rule? What is the basis for that being so if it is? ...
TylerDurden's user avatar
9 votes
4 answers
2k views

Is it possible for a court to adjust damages awards upward beyond what is asked for?

When a plaintiff (or counter-claimant) has only sought $1 in relief, do courts ever adjust that upward to reflect the true value of damages?
TylerDurden's user avatar
1 vote
2 answers
80 views

Civil liability and replacement values

Meet Bob. Bob's car was destroyed by Alice, thus besides other potential consequences, rendering Alice civilly liable for the value of the car. Suppose that the car was bought on a temporary, time-...
John Jacob Jingle's user avatar
1 vote
0 answers
71 views

How are damages for landlord harassment calculated?

Apparently there are various bases for establishing landlord harassment. Section 28’s method in the housing act 1988 applies where it has caused the occupier to give up occupation. But what if it hasn’...
TylerDurden's user avatar
0 votes
2 answers
131 views

Spending overpaid stipend instalments

Bob was a student and received a stipend grant for his living expenses whilst doing research at an academic institution for post-graduate studies. He came to rely on these for his monthly living ...
TylerDurden's user avatar
0 votes
2 answers
133 views

Any obligation to disclose one's name and address to private parties for service of civil claims after a street altercation?

Suppose A is walking down the street and B punches A in the nose, thus committing assault. Legally, A is entitled to claim civil damages against B, and can practically do so if they know A's name and ...
JosephCorrectEnglishPronouns's user avatar
0 votes
1 answer
63 views

What significance do specified damages figures have in a civil suit?

The suit filed in Los Angeles over the 1968 Romeo and Juliet film is reported in the Guardian which says: Damages are being sought “believed to be in excess of $500m”. What is the significance of ...
TylerDurden's user avatar
0 votes
1 answer
236 views

Why was Gwyneth Paltrow‘s $1 not either adjusted upward or deemed frivolous?

Gwyneth Paltrow was subject to a merit less claim for however much, and she defended it while bringing a symbolic counter claim for $1, which I understood that she won on that order. This brings up a ...
TylerDurden's user avatar
-1 votes
1 answer
86 views

Can I make an auto shop pay for oil damage from a defective oil filter? [closed]

About ten days ago I had a flat tired replaced at a local shop and added an oil change to the work order. A day later I notice a huge oil stain (about 3 ft x 10 ft) that flowed over the pavers on my ...
Gasman's user avatar
  • 1
-3 votes
1 answer
153 views

Can damages be claimed for the value of items already recovered by other means?

Alicia stole Bob’s £2000 Segway and puts it up on eBay. Alice sees it on eBay for quite cheap (let’s say £150) and decides to buy it on a whim, which she does. She suddenly then finds that she must ...
TylerDurden's user avatar