Questions tagged [damages]

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

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35 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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139 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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134 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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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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50 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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2k 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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22 views

Aggravated vs Punitive damages

What is the difference between aggravated and punitive damages? It seems aggravated is in response to something that was done to the plaintiff that cause suffering greater than what was simply taken ...
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33 views

Redress for Loss of chance - where to find information

Because of the misbehavior of my university (postponement of my Ph.D.), I have lost the chance to apply to a postdoc research opportunity. I applied to the funding program. The application was ...
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18 views

water pipe leaking from above floor

I rent a commercial space in a condo building and my landlord only owns ground floor and 2nd floor. There are a few times already water leaking (one time was like a flood) from 3rd floor which owns by ...
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75 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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1answer
65 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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104 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
86 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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49 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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92 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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75 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
128 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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Consumer rights for internet contracts - additional costs incured - Germany

I'm located in some EU country. I've bought (as in signed a contract over the internet) a product from a company located in Germany. I've paid the product via bank transfer and got there to retrieve ...
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260 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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403 views

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
127 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
100 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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47 views

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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182 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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174 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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177 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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162 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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1k 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
318 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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88 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 ...
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94 views

Damages for repudiation of contract before the work was commenced

Bob wants to build a greenhouse and a garage on his land. He contracts Matt to build the greenhouse only as Matt does not specialize in building garages. They agree that Matt starts the job in 3 weeks....
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235 views

Is it ever illegal to quit a job without warning?

I know 2 weeks notice is customary but not required by law when quitting a job. Is it ever illegal not to give notice? For example could a surgeon quit just before he was supposed to do surgery, or a ...
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820 views

Can you be sued for money if your product is released for free?

Say I create a product that I release for free and take no profit in any way. If this product somehow violates the copyrights or trademarks of another company, is there risk of needing to pay for ...
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1answer
63 views

What happens if I licensed a contribution to an open source project but it is discovered that I did not have the right to do so?

Suppose I made a patch to Linux kernel. I am supposed to confirm that I own the code. (Forgive me if "own" is not the correct term.) As I understand, this is a specific case of a general concept ...
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1answer
99 views

Is the Defendant Legally Entitled to an Itemization of the Damages they Are Being Sued For?

I live in California and am being sued by someone in Small Claims court who moved into my apartment for about two months with the intention of becoming a formal 'roommate' but, ultimately, had to ...
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1answer
87 views

Suing Beyond Expenses in California

In California, I loaned my $6000 car to someone who paid a $500 deposit. If he returned it today, according to the agreement, he would owe $1500 (so he would need to pay $800 more since he once made a ...
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60 views

How do people deal with contracts that they suspect didn't exist until after some judgment was made?

This is purely hypothetical, but as a total layman it's gotten my curiosity. Say Person A owns, say, 50% equity in a company. Person B, the plaintiff, is awarded that equity as damages in a lawsuit. ...
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352 views

What is the likelihood that you would win a case of defamation if you cannot prove who sent it?

For example, if I were to have a scorned friend who is seeking my demise and he/she calls my employer and calls me a rapist or accuses me of sexual harassment, would it be effective to sue? Even if ...
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74 views

When parties settle without going to court, what prevents from suing for same thing?

Say party X wants to sue party Y for $500 in damages. If, after some negotiation, party Y agrees to pay party X $400 if they don't go to court and make things quick and easy and party Y agrees. What ...
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1answer
90 views

Sue the government for damages caused by retaliation over non compliance?

Lets say you're a college student with a passion for amateur chemistry. Your going to school to be a chemist. As such, you make legal purchases online for equipment over several years. At some point, ...
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156 views

Liability from unsecured wireless hotspot for security testing

Lets say I have created an "Offensive" security system. It runs on my own private network on my laptop any where I go. My private network has a wireless access point called "Malicious Wifi" and it is ...
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1answer
68 views

What's the meaning of “damages” of copyright infringement under a copyleft license?

As a general rule, civil suits for copyright violation exist to recover damages caused by the violation, and prevent future damage thereof. Under that standard, a rather novel form of copyright seems ...
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995 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 ...
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1answer
274 views

What damages could one claim in a data breach, if the data was not subsequently used fraudulently?

Equifax recently announced they suffered a very large data breach, allegedly affecting almost half of all people in the United States. It's expected that lawsuits against Equifax will be popping up ...
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1answer
202 views

Catherine Middleton topless pictures ruling - why €100k in damages?

As currently reported in the press, Catherine Middleton (the Duchess of Cambridge) sued the French magazine Closer for publishing topless photos of her sun-bathing, and she and her husband were ...
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1answer
90 views

Dog was attacked, owner gave false info. What to do?

So here's the situation: First of all this is all happening in Ontario My friend's dog was attacked recently by a 6 month old boxer, which despite its age, was strong. She (the attacked dog's owner) ...
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1answer
86 views

Monetary value of a human being per some historical treaty?

As an example, did the Treaty of Versailles assign some monetary value to each British human life lost during WW1 for reparation payments by Germany? Or the Geneva Conventions as another possibility? ...
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1answer
402 views

Legality of absolving martial arts class of responsibility if injury or death occurs?

Although people sign a declaration before skydiving, that they are aware they may die, the parachuting center can still be charged for manslaughter if the parachute doesn't open. Does the same ...
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1answer
399 views

Letter of notice for seizure of car in UK

I have 2 friends in the UK. Friend A has a valid driving license, Car, Mot and insurance Friend B has no driving license Friend A let friend B drive his car whilst friend A sat in the passenger ...
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165 views

Can memorandums of understanding be used for a case of misrepresentation?

If in an MOU it is written that "party A will provide [xxxx]", if later it transpires party A did not fully provide xxxx and party B suffers a loss due to this, can this case be viewed as ...