Questions tagged [damages]
regarding the losses (and the calculation thereof) suffered by a victim of a tortious action or omission
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25 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
59 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
89 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 ...
2
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1answer
83 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
48 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
88 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
64 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
115 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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0answers
21 views
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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2answers
142 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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1answer
215 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
119 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
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 ...
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1answer
38 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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1answer
156 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
138 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
118 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
152 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
774 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
226 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
72 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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2answers
85 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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3answers
208 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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2answers
789 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
62 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
92 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
71 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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2answers
59 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.
...
3
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3answers
241 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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2answers
71 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
82 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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3answers
132 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
65 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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2answers
795 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
242 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
193 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
81 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
77 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
314 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
323 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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1answer
141 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 ...
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0answers
25 views
Apportioning a settlement in one case for damages calculation purposes in a second related case
(Sorry this is a bit long, but the question is straightforward. The broad situation described is real, however, although generalised.)
Background
Alan buys a substantial and valuable income-...
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1answer
125 views
Charges for damaging a privately-owned Confederate Flag
I have two questions. In North Carolina,
Does the Confederate flag enjoy any special legal protections that would make damaging one (that doesn't belong to you) a more serious charge than damaging ...
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2answers
830 views
Responsibility of accidental damage to supermarket items by customer
I was wondering in the case that a customer accidentally drops an item in a supermarket that results in a damage, is he/she held responsible for paying the damage? What if the arrangement of the items ...
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3answers
140 views
Why are damages awarded in civil suits far higher in the US than (continental) europe?
In Bollea v. Gawker, Bollea was awarded $140 million damages for "invasion of privacy, infringement of personality rights, and intentional infliction of emotional distress".
This seems orders of ...
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1answer
81 views
Recourse for damage to an item loaned to another?
When you loaned someone your car, and the car came back in a bad condition, most things are not working like hooter, reverse lights, windows cracked, etc., can you legally demand him/her to fix the ...
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1answer
140 views
May a landlord (having already paid the fine) seek damages from the actual perpetrator?
If a tenant unintentionally causes a false fire alarm, and building management pays the fine (and associated expenses), what legal grounds would the building have to come after the tenant for ...
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1answer
885 views
Can a person sue for emotional distress as the victim of fraud?
Suppose I am the victim of fraud – e.g., I bought an item on eBay that the seller knew was counterfeit. Would the seller also be liable for damages of the emotional distress caused me by being ...
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2answers
492 views
Fighting false debt collection
I went to a dentist, whose name doesn't belong here, got some xrays and a prescription. The bill was $104.00, which I paid the same day. Next thing I know, they are sending me to collections for ...
2
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1answer
151 views
Are there standards for detention of property in connection with a search warrant?
We know that police and government are not liable for damage caused in the course of warranted searches. We also know that people who are not suspected of any crime can have their property searched ...
