Questions tagged [damage-mitigation]

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4
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1answer
98 views

Is there duty to mitigate damages by killing and replacing injured animal instead of curing it?

Say somebody ill-treated my animal which I kept as a pet. It got severely injured. To survive, it had to stay at the veterinary for 2 weeks. The bill was 20x times higher than the market price of the ...
-2
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1answer
86 views

Can a good lawyer mitigate a failure to prevent data breaches?

I was curious how important it is for a software startup to seek legal council during the fundraising/growth stages. Basically, I don't want to be up a creek if we have some data breach or hack. How ...
1
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2answers
792 views

To what extent can mental illness create a defence or mitigation against liability in a civil case?

I'm thinking here of both UK and US law, which I assume will differ. Suppose a defendant in a civil case (type of case unspecified) would ordinarily have no defence against the plaintiff/claimant's ...
5
votes
1answer
187 views

Can I be prohibited from fixing bugs in a licensed software?

I have purchased software product, which the company claims is licensed to me, and it contains an EULA that says that I am not allowed to reverse engineer or modify the software at all, and a ...
4
votes
0answers
369 views

How can I compel my neighbor to address damage they care causing my property?

My neighbor has an energy efficient low e window. They have had it for about 10 years, but over time it has slowly been causing damage (melting) our vinyl siding. This article details the way the ...
3
votes
1answer
2k views

Do landlords in Texas really have a duty to mitigate?

Texas State Legislature has the following Statute on the books: http://www.statutes.legis.state.tx.us/Docs/PR/htm/PR.91.htm Sec. 91.006. LANDLORD'S DUTY TO MITIGATE DAMAGES. (a) A landlord has a ...
8
votes
1answer
1k views

Is it legal for landlord to prohibit subleasing, under Texas law?

It's quite common that plans change, and a residential lease must be broken. Of course, since one has agreed to pay the full price of the lease, they're on the hook for it, unless they can find ...
5
votes
1answer
252 views

Are residential lease durations in Bay Area meaningless?

The vacancy rates in Bay Area are the lowest in the nation, and the rent much so often gets increased much faster than the inflation. However, a lot of corporate complexes employ monthly pricing that'...
1
vote
1answer
233 views

What's the penalty for breaking a residential lease in NorCal?

What's the penalty for breaking a residential lease? For example, in the Bay Area in Northern California.