Questions tagged [damages]

regarding the losses (and the calculation thereof) suffered by a victim of a tortious action or omission

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1answer
99 views

Causation and damages for genetic defects

Please note that this is not US specific. I think that most Western countries apply similar principles when it comes to paying damages and I am looking for an answer that is as generic as possible. ...
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105 views

Neighbor Suspected a Leak and Opened Up Their Ceiling - Am I Responsible for Repair?

Downstairs neighbor suspected a leak in their bathroom and opened up their ceiling to see where the water is coming from. It would appear that a small leak is coming from below my bathtub, this was ...
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138 views

Accountability for Attorneys - does it exist? [closed]

I’ve had a number of initial consultations with various attorneys for estate planning and entity structuring, and almost every one of the opinions I’ve heard is different and often contradictory. If I ...
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Where does the “liquidated” in “liquidated damages” come from?

An answer to a recent question mentions that "all the money you have" is not a valid liquidated-damages clause in a contract. The main use of "liquidation" that I'm familiar with ...
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4answers
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Would a contract to pay a trillion dollars in damages be valid?

Let's say you write a contract with someone, and you want to make sure they don't breach it. You could just have them covenant certain things, but then they'd only be liable for whatever damages you ...
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Have plaintiff allegations in complaint ever been considered slander of title?

Let's say that a business owner A maliciously sues a competing business owner B alleging that business owner B has stolen trade secrets that contained information about business owner A's customers ...
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1answer
82 views

If the US federal government is sued for not abiding by it own laws, can it then be sued for the legal expenses due to the lawsuit?

In US citizenship applications it's common for an application to be processed beyond the time frame set by the federal law. In such cases, the applicant may file a lawsuit with a federal court, ...
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1answer
62 views

Defence against civil claim from a non-contractual party

There are three parties A, B, and C. A provides X service on a contractual basis to B. B on the other hand provides Y service (which is related to X, think about door service and parking service) to C ...
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2answers
146 views

Can a person be charged above the amount of damages by laws as a fine?

Added after edit: Is there any clause in the Constitution of California that prevents a law from attaching fines that are worth more than the actual damage that was caused by violation of the law?Has ...
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1answer
60 views

Who is responsible for damage to my neighbour's floor from my tree?

Background: I am in the process of buying a house in South Africa, with the transfer going to be completed in a month or two's time. There is a large fig tree close to the wall on (soon-to-be) my side ...
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1answer
79 views

Can I sue a company that fired me in violation of a contract, and caused emotional distress and damage to my career?

I work as a consultant in a specialized field. I was working for a big company, a leader in the industry, but due to internal conflicts, pretty much all the consultants resigned and went to a ...
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1answer
85 views

Who's responsible for property damage?

Hypothetically if there was a leak during apartment renovations on floor B which damaged the apartment on floor A below, the contractor blames the building and the building blames the contractor. Is ...
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81 views

How does one meet the “serious harm” threshold in libel cases (UK)?

I'm trying to sue someone in the UK for libel. (I'm in the US.) I've had some UK attorneys willing to take my case, but not on conditional fee. I recently contacted a pro bono organization there, and ...
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1answer
108 views

Found a dead insect in a mushroom package

I found a dead insect at the bottom of a mushroom package I bought from local grocery store. I already consumed some of that mushroom and when I removed the remaining mushrooms to store in another ...
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1answer
92 views

Liability for pushing trespassing stock out on the street?

Bob's land (in an urban area) has been trespassed by Rob's bull which has already caused some damage. Bob has repeatedly asked Rob to keep the bull out, but Rob has not been caring enough. Bob has ...
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1answer
164 views

Who is responsible for the bull's damage?

Bob owns and lives on a piece of land adjoining another, vacant one owned by Alice. There is a sheep fence between them which Bob has installed at his own expense (even though he legally could demand ...
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3answers
406 views

Why should one never threaten to sue?

I've often seen it in answers and comments on this site, that if you want to sue someone, then just go ahead and sue, don't tell it them beforehand. It's often repeated as some kind of dogma, I've ...
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1answer
101 views

What can I do if a painter puts paint / plaster in my shampoo bottle? [closed]

We have a very mean and short-tempered guy painting our apartment -- it's a several days job. Tonight, I found what appears to be paint or plaster in my shampoo bottle; I twisted off the cap of the ...
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4answers
111 views

If a good is stolen, does the previous possessor have an indefinite immediate right to possession of that good? (Until it's returned)

To be more specific, the hypothetical scenario is a little more complex. I am also wondering about the remedies that may be awarded. This refers to tort law. Say, A bought an unregistered motorbike in ...
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1answer
60 views

Is incurring taxes on someone a damage?

Imagine this scenario. Person A owns a investment account managed by broker B. A tries to sell an investment in a tax advantaged way. B maliciously does the transaction wrong, causing A to incur taxes....
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77 views

Can difference in price be damages?

Bob places an online order. The store confirms that the exact thing Bob ordered is in the warehouse and can be shipped immediately, and sends invoice. Bob pays. Several days later the store says that ...
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1answer
102 views

Incident with another cyclist, repair costs too expensive

Past week I had a bike incident with another cyclist. The rider in front of me slowed down and when I looked back to confirm no one was behind, he stopped and I hit him. Totally my fault, and no one ...
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561 views

What's the purpose of large judgments against a defendant that clearly can't pay?

A few years ago I was on the jury of a civil trial wherein we ruled that the defendant should pay millions of dollars to the plaintiff. They were found guilty in the criminal trial and were not ...
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2answers
137 views

How would a court decide damages when it comes to art?

Recently, there was a man who ate a banana that was part of an art exposition in New York. The piece of art in question featured a banana taped to a wall and was priced at 120,000$. As far as I know, ...
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48 views

Damages when third party contractual obligations prevent mitigation

In the SCO v Linux fisco SCO argued: sure, ordinarily we'd mitigate damages by telling the Linux kernel programmers what the infringing code was so the infringing code could be removed, but ...
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1answer
146 views

Is there a benefit to leaving out a poor defendant from a suit and only suing the rich defendant?

If the poor defendant is sued as well as the rich defendant, could the jury end up assigning too much of the award to the poor defendant? Is that a reason to only sue the rich defendant? Assume that ...
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1answer
156 views

Can ignoring a person on the Internet make me responsible somehow?

A few days ago I got to know a person on a social network. We had a few days of innocuous conversations on WhatsApp, but then they started becoming intrusive and imposing and didn't respect my time. ...
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96 views

Is this airline violating the Montreal Convention?

According to the Montreal Convention, I can read the following: Article 17 - 2. The carrier liable for damage sustained in case of destruction or loss of, or of damage to, checked ...
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53 views

How does a landlord establish that a tenant is liable for damages?

Suppose landlords are blaming a tenant for a pipe leak hidden behind dry wall that the tenant did not cause and are using it as justification for claiming the whole of a tenant's security deposit plus ...
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1answer
6k views

Is law enforcement responsible for damages made by a search warrant?

Why do police use a battering ram without first checking the doorknob on a low threat warrant? What if a small child was on the other side of the door and got seriously injured by the battering ram? ...
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2answers
115 views

Can the plaintiff in a civil case change the requested damages after the defendant has already been served the summons?

I have a very oddly specific situational question; In a civil lawsuit where a plaintiff is attempting to gain a sum of money from the defending party, is the plaintiff and their counsel allowed to ...
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138 views

Can I sue Uber for property damage to my mobility device?

I use a mobility device, an electric mobility scooter, to get around as I am temporarily disabled. While using Uber to attend a medical appointment in the Australian Capital Territory, my mobility ...
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2answers
188 views

If suing for property damage can I claim for my time spent to replace those items?

I am claiming compensation for property damage due to negligence. I will simply using the money to replace the damaged items. Can I also claim for my reasonable time in replacing the items? For ...
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1answer
96 views

Damages done while in the line of duty?

If a police officer was in pursuit of someone else's car, with their lights and siren on and there was a second police car following the first police car, but they did not have his/her lights, or ...
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1answer
55 views

Practicalities of suing California-based business from abroad over minor but strong case

Bob, residing outside of the US, has installed a mobile app run by a California-based business and paid a one-year subscription worth under $200. The app happens to have a showstopper bug: basically, ...
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2answers
99 views

What is the point of filing a case with an absurd damage/loss amount?

In light of recent college admissions scandal, a woman has sued Loughlin and Huffman for $500 billion. Here is a man who filed for $2 undecillion dollars, in case you need to look it up, it is more ...
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1answer
92 views

What if persons involved in the accident with the same Insurance company?

I really don't know how to ask this question properly, but this is my situation. Last week, a car rear-ended me while I was waiting to make a left turn, because there was on-coming traffic. It was ...
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3answers
144 views

Legal Limits for damage reparation

In the 2004 German movie The Edukators, part of the characters motivation revolves around a damage reparation: "Jule is a waitress struggling to pay off a €100,000 debt she incurred a year ago when ...
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2answers
694 views

Can a design freelancer be sued for “potential earnings lost” by a client?

I am a freelance graphic designer working part time We didn’t have a signed contract for any work (my mistake- I only work through friends and family referrals part time). I was making a new ...
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Can I sue the person who posted my private email online?

I reached out to someone who runs a niche website two times about a sad personal matter that fits their niche and after being ignored two times I sent an email where I blew up at the individual for ...
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2answers
144 views

Can one turn down a settlement offer if it's for more than the amount being claimed?

Suppose Joe is suing Acme Corp for $1000 over damages to his property. After some time, Acme Corp offers a settlement to Joe for $1500, on condition he signs a non-disclosure agreement. Is Joe ...
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1answer
118 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 ...
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1answer
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Calif Small claims - HOA approved work that caused water damage to my condo

I believe it is reasonable to place responsibility for a busted waterline with the HOA and roofing contractor. Can I get thoughts from this forum on responsibility? ...or, Where can I research this? ...
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185 views

Is the recent Bayer weedkiller damages award a reasonable expectation of the result of future appeals

Bayer through Monsanto was recently ordered to pay 289M USD in damages in the case of one individual who became ill allegedly by way of a weedkiller substance and there are 5000 similar lawsuits. The ...
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3answers
222 views

Can one reasonably respond to a bogus employer demand letter without a lawyer?

A strange situation has came to me recently. Me and my former employer have not parted on the best of terms, and a few months later, I have received a letter from an attorney representing my former ...
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1answer
365 views

Are damages in civil cases assessed by the judge or the jury?

In common law countries, criminal cases are usually tried by jury, but the judge is responsible for sentencing. Even in the United States, where there is a constitutional right to a criminal trial by ...
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3answers
193 views

What monetary award can be received when a bureau is negligent to punishing their officers?

Overview: My partner has been going through a very drawn-out battle against the Portland police, mainly in regards to a single police officer. This officer had used various police resources and ...
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2answers
2k views

Metropolitan District vs HOA in Colorado?

I am looking at purchasing new property in Colorado that is not part of a HOA but is part of a "metropolitan district". I had never heard of these before and tried to do research but they appear to be ...
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1answer
615 views

Compensation for custody awaiting trial resulting in acquittal?

I was accused of a crime and held in custody for 8 months then acquitted at court, I missed the first 8 months of my only child's life, and lost both my job and my partner. Could I be entitled to ...
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1answer
112 views

Is overselling breach of contract or mistake?

Where does overselling stand in terms of contract law? Say Bob runs a record store. One day, Pete pops in and asks for a specific rare CD. Bob does not have it but his friend Rob does, and Bob is ...