Questions tagged [damages]

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

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Can legal action be reasonably taken against someone for providing incentive to hurt yourself?

Let's say that Sam the Sociopath invites Peter the Poor man into his luxurious house. They go to a living room with a fireplace. Sam then pulls out 1 million dollars in a fireproof bag that will last ...
chausies's user avatar
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Can legal action be reasonably taken against someone spoiling your work?

Infamously, when the Fight Club was released, Rosie O'Donnell spoiled a huge plot point on her popular show. The movie hinges tremendously on the spoiler, and Rosie probably damaged the experience for ...
chausies's user avatar
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False promises by a potential employer and visa sponsor in the US [closed]

A friend living in the US was planning to open his own store and agreed to sponsor me so I could move there (with my family) once the store was open, knowing I had experience and skill in the field ...
Montesquieu's user avatar
21 votes
4 answers
4k views

Who pays for the damages caused by the government attempting to enforce a preempted or unconstitutional law?

Some laws are obviously contradicted by higher laws, such as bills of attainder being prohibited explicitly by the US constitution. Say some level of government (state, federal, or local) ignores this ...
interfect's user avatar
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Would a person have any recourse if a cop slashes their tires out of the blue for no reason?

(I'm not asking for personal legal advice, nor am I involved in this situation) In a video posted to Instagram Reels (and on Reddit), a Seattle Police Department officer can be seen slashing the rear ...
cocomac's user avatar
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(California) How to solve the "Professional estimates of damage" problem?

A website that looks authoritative notes: Think carefully about how much money to ask for. This is called damages. You have to prove to the judge that you deserve the money you ask for. You can only ...
Pacerier's user avatar
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1 answer
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Consequential damages for copyright infringement?

Many software license agreements (or even terms of sale for physical copies) include prohibitions on reverse engineering as a condition. If I legitimately purchase and install and use the software, I ...
interfect's user avatar
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How are intangible losses assessed for damages?

Bob has an issue with his phone provider, resulting in the permanent and irreversible loss of his long time phone number which he has maintained for many years. He is greatly troubled and ...
TylerDurden's user avatar
11 votes
3 answers
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Why don’t punitive damages require a criminal conviction beyond doubt?

Civil suits often include damages of a punitive nature with large amounts imposed on the balance of probabilities. In criminal cases, fines can be imposed but require conviction beyond reasonable ...
WOPR's user avatar
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2 answers
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How do juries come up with precise award figures for intangible damages?

In the E. Jean Carroll v. Donald Trump case, the jury today awarded $83.3 million in damages. As I understand it, this breaks down to: $11M for damage to Carroll's reputation $7.3M for for emotional ...
Barmar's user avatar
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Can damages ever/typically be assessed for unrealised, yet wrongfully-inflicted risks?

Alicia and Bob live together as a happy couple, until one night they break up and Alice throws all of Bob’s stuff onto the curb while he is still out. He comes back to find it all there, but she didn’...
TylerDurden's user avatar
2 votes
2 answers
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Damages resulting from suicide

"Juan" is driving along on his way to work. At the same time, a terminally depressed woman commits suicide by jumping off a tall building. She ends up landing on the roof of Juan's car, a la ...
In Hoc Signo's user avatar
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How do US judges determines defamation damages?

CBS: Rudy Giuliani files for bankruptcy following $146 million defamation suit judgment Giuliani filed for Chapter 11 bankruptcy less than a week after a jury ordered him to pay $146 million in ...
the gods from engineering's user avatar
0 votes
2 answers
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What are the potential consequences of pursuing a copyright dispute regarding StackExchange content?

A few weeks ago, I discovered this site, which just seems to be a wholesale copy of a very large amount of StackExchange content. There is no attribution or acknowledgement of any sort, and in fact ...
GentlePurpleRain's user avatar
2 votes
2 answers
1k views

Liability for damage to work equipment while used at home with employer permission

Please consider the following hypothetical situation: An employee in Prince Edwards Island, Canada borrows a mini-excavator from his/her employer with permission from his employer. While the employee ...
Sean's user avatar
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Why - and when - are some torts actionable per se (vs needing to demonstrate actual damages)? [duplicate]

According to this article: Trespass to land occurs where a person directly enters upon another's land without permission, or remains upon the land, or places or projects. This tort is actionable per ...
TylerDurden's user avatar
2 votes
3 answers
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Who pays for checking for damages?

Say my neighbor has a very delicate piece of equipment, and I accidentally bump into it. It doesn't look broken, but it might be broken internally. Because of the nature of the equipment, determining ...
interfect's user avatar
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3 votes
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When does s3(1) of the Defamation Act *not* apply in malicious falesehood cases?

To successfully bring a claim for maliicous falsehood in the UK, one has to show that one has suffered "special damages", which are actual damages suffered as a direct consequence of a ...
Pancake_Senpai's user avatar
3 votes
1 answer
556 views

Are there causes of action for which an award can be made without proof of damage?

Are there causes of action for which an award can be made without the plaintiff demonstrating loss/damage?
Jen's user avatar
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Is there a term for set/prescribed measures of damages?

A recent answer answers the question with another question, that of what damage the plaintiff has actually suffered. Yet certain statutory/case regimes have guidelines for compensation that are blind ...
TylerDurden's user avatar
1 vote
1 answer
64 views

How may expectation damages be calculated?

Bob wins an auction for an uncommon item for £100. The seller fails to take payment or deliver the goods. There weren't that many other equivalent items available online at the moment. Bob's purchase ...
TylerDurden's user avatar
2 votes
1 answer
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April Fools Day, Journalism, Liability, and Tort law. (U.S.)

If a company or journalist known for publishing non-satirical news was to stray from their normal reporting on April fools day, and publish something like; "Amazon hit with ransomware, customer ...
Cypriot90's user avatar
2 votes
1 answer
104 views

Does punishing someone illegally for their wrongdoing forfeit the right to seek compensation?

Jim the Bicycler, unfortunately, can sometimes be rather reckless. And as a result of his reckless cycling he hit Joe the Pedestrian, then fled. There is no doubt that Jim is fully responsible for the ...
gaazkam's user avatar
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How did Dominion justify the 1.6 billion value they're suing Fox News for?

Dominion is suing for 1.6 billion in their defamation case against Fox News. Google tells me they make an annual income of less then 100 million and their entire company is only valued at 80 million. ...
dsollen's user avatar
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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
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
4 votes
1 answer
231 views

When aquitted in a "The People vs XYZ" trial, is XYZ entitled to any compensation for all they went through as an innocent party?

Say that Bob is put on trial for murder in some County. So the trial will be "The People vs Bob", and headed by the local government*. Bob spends weeks held in jail and spends tens of ...
chausies's user avatar
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Would someone providing "faulty" suicide advice be liable for a survivor's damages?

Let's say Bob publishes an analysis of suicide methods meant to assist those so inclined. Alice takes Bob at his authoritative word and follows his advice to the letter regarding the method he deems ...
Feryll's user avatar
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-2 votes
1 answer
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Are dropservice suppliers liable for any damages to customers?

I wanted to ask a question about the dropservice business model. We have 3 figures, the customer, the supplier and us. Dropservice is a business model in which we can have services delivered to our ...
guestdropservicequestion's user avatar
5 votes
2 answers
225 views

What entity is legally obliged to compensate for damage accidentally inflicted at a non-belligerent state territory during military conflict?

The question is based on recent events: Yesterday (15th Nov 2022) a supposedly stray missile hit Polish territory, causing loss of life (2 fatalities) and property damage. Poland is non-belligerent ...
abukaj's user avatar
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6 votes
3 answers
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Is misrepresentation a tort or a breach?

I am confused by the provisions in tort and contract law for damages in the case of misrepresentation. I am reading specifically in New York law and it seems unambiguous that the only damages allowed ...
Lysander's user avatar
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4 votes
2 answers
804 views

Assaulted by store employee: who is liable?

Meet Bob. Bob was egregiously assaulted by a stores security guard who damages his phone and vehicle. One of the other employees grabs his phone out of his hand on retribution for attempting to ...
JosephCorrectEnglishPronouns's user avatar
3 votes
1 answer
88 views

How are damages calculated if replacement requires purchase of unnecessary parts?

I own a sports car and was recently rear-ended by someone who has accepted full liability. My insurance is trying to price out the repair cost of my car and assures me I will not be out of pocket ...
Nicholas's user avatar
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1 answer
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What has been the teeniest claim for damages, at the High Court of Australia?

I am enthralled by the smallest claims (quantum of damages requested at the outset) that reach, and gets decided by, Commonwealth apex courts. I am NOT referring to the apex court's award of damages, ...
user avatar
1 vote
1 answer
53 views

Filing a patent without 100% ownership

Along with a co-inventor, who is employed by company ABC Pty Ltd, you invent "Gadget Thing". (To be clear: you are not employed by ABC Pty Ltd.) It looks like a great, first-of-field ...
chroma's user avatar
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0 votes
2 answers
79 views

(Canada, British Columbia) What Cause of Action(s) would be available in the Situation Below? Ways to Calculate Remedies In this Case?

A Father (RE Agent, Broker, Owns Biz as RE Developer) is approached by his Daughter wanting to purchase Property for her to live in. An Agreement is eventually reached between the Father and Daughter ...
Miles's user avatar
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-6 votes
1 answer
177 views

How are government actions held accountable to constitutional promises? [closed]

For instance, in the U.S., prosecution while promising the blessings of liberty constitutionally should determine rights through a precedence of innocence rather than protected classes, plea deals, ...
Nick Carducci for Carface Bank's user avatar
2 votes
1 answer
93 views

What are the guidelines for compensation value for assault in which there was no physical (nor psychiatric) injury sustained?

Anther recent question was answered with a reference to a textbook which I don't have access to, but it gives examples such as injuries to an elbow. How much are guidelines for general damages in a ...
JosephCorrectEnglishPronouns's user avatar
1 vote
1 answer
77 views

Is it possible to claim civil compensation for assault with video evidence available?

Obviously assault is a criminal matter, but what provisions are available that govern claiming civil compensation for assault for which indisputable video evidence exists? Is a police report required ...
JosephCorrectEnglishPronouns's user avatar
2 votes
1 answer
562 views

Amazon property damage liability and recovery [closed]

Suppose that An Amazon delivery driver - in a logo'd, officially painted Amazon van - ran over some landscaping as they were leaving my property after delivering a package. They damaged newly ...
mikem's user avatar
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14 votes
3 answers
4k views

Does Bob have a case if he ends up paying child support due to Alice's deceit?

This question is inspired by and closely related to that one, but is different. Alice deperately wants to conceive and give birth to a child from Bob, but Bob is adamant. He is very careful to avoid ...
Greendrake's user avatar
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0 votes
2 answers
75 views

Contracting a builder 2nd time to fix their own negligence

Bob contracts Rob, a builder, to do some building work which requires the use of some heavy rare-to-find machinery which Rob owns. Rob mostly does a good job, but in one place he rushes it (end of ...
Greendrake's user avatar
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1 vote
1 answer
71 views

Oregon: multi-car crash fault distribution

If the driver of car A causes a crash with car B, which causes car B to suddenly stop, and then car B is rear-ended by car C, is A fully responsible for the damages to B, or does C share in some of ...
Matthew Herbst's user avatar
0 votes
1 answer
110 views

Litigating personal injury in Germany due to lack of proper testing

I have read various articles that litigating for damages due to injury against medical professionals or clinics is an uphill battle. See here In simple terms, the case is as follows: A and B both got ...
quantum's user avatar
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0 votes
0 answers
57 views

Does a plaintiff have standing in an action for cost of suit in cases where a fee waiver is granted to plaintiff?

Or is it the court who will have to order the defendant to pay for the fees it effectively advances to the plaintiff? Background As suggested per the comments: “According to the California info ...
kisspuska's user avatar
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1 vote
2 answers
2k views

Who is liable for property damage compensation caused by a power surge?

One of my friends just got hit by a power surge and it damaged a lot of electrical equipment. Could my friend collect compensation to replace the damaged items? The entire street was also hit in case ...
verumIgnis's user avatar
7 votes
4 answers
2k views

Is time spent on litigation recoverable as lost wages?

Generally, pro se non-attorney litigants cannot recover attorney fees under a statute providing for attorney fees. Can a non-attorney recover for time spent on litigation (time preparing for trial, ...
Josh Johnson's user avatar
1 vote
1 answer
236 views

Legal provisions to delay a repair and buy time to access free legal counsel

An uninsured student cyclist collides with a company van, damaging it. The company owner is minded to allow his insurer to seek damages from the student, but agrees with the student that the student ...
novice's user avatar
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2 votes
1 answer
125 views

Do tenant need to sign damage documents after leaving their rented appartment?

when my landlord checked my room on my leaving day he claimed that my room wasn't clean (for example the mattress under the cover were dirty with black spots on them). but the thing is they were ...
JustLookingforadvice's user avatar
1 vote
1 answer
98 views

Leak Damage: Can sue for damages covering only damaged floor or floor in the entire property?

Apartment owner B, claims a leak from apartment owner A above, supposedly damaged a very small portion of B's hallway floor. Owner A offered to replace the hallway floor. Instead owner B insists that ...
AlexVPerl's user avatar
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