Questions tagged [damages]
regarding the losses (and the calculation thereof) suffered by a victim of a tortious action or omission
141
questions
2
votes
3
answers
112
views
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 ...
- 1,594
3
votes
2
answers
49
views
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 ...
- 133
3
votes
1
answer
468
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?
- 43k
1
vote
1
answer
32
views
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 ...
- 8,899
1
vote
1
answer
60
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 ...
- 8,899
2
votes
1
answer
101
views
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 ...
- 21
2
votes
1
answer
98
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 ...
- 347
1
vote
1
answer
153
views
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. ...
- 8,206
0
votes
1
answer
53
views
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 ...
- 8,899
1
vote
0
answers
56
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’...
- 8,899
4
votes
1
answer
206
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 ...
- 3,555
0
votes
0
answers
61
views
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 ...
- 117
-2
votes
1
answer
101
views
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 ...
5
votes
2
answers
191
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 ...
- 601
6
votes
3
answers
1k
views
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 ...
- 185
4
votes
2
answers
771
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 ...
3
votes
1
answer
78
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 ...
- 249
0
votes
1
answer
359
views
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, ...
user49089
1
vote
1
answer
52
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 ...
- 13
0
votes
2
answers
78
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 ...
- 3
-6
votes
1
answer
172
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, ...
2
votes
1
answer
77
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 ...
1
vote
1
answer
72
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 ...
2
votes
1
answer
448
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 ...
- 288
13
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 ...
- 25.5k
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 ...
- 25.5k
1
vote
1
answer
64
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 ...
- 111
0
votes
1
answer
102
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 ...
- 143
0
votes
0
answers
53
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 ...
- 3,875
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 ...
- 11
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, ...
- 530
2
votes
1
answer
215
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 ...
- 131
2
votes
1
answer
109
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 ...
1
vote
1
answer
91
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 ...
- 121
1
vote
1
answer
69
views
Property Law - Professional Clean/Damage
My landlord is currently trying to charge me for professional cleaning even though the property was cleaned thoroughly prior to moving out and the inventory of the house says that many rooms were of a ...
- 11
1
vote
2
answers
51
views
How is damage calculated in a civil suit against a company where there is said to be widespread gender-based discrimination and sexual harassment?
California’s Department of Fair Employment and Housing (DFEH) says
that renowned game publishing studio Blizzard Entertainment, and its
owner Activision Blizzard, have created a culture of “constant ...
- 5,170
1
vote
2
answers
130
views
What is the process for making and quantifying a legal claim against a tenant in the Netherlands?
The situation
A tenant has caused damage to property, including furniture and appliances, mattresses and walls. The total cost of repair and replacement will be probably around €3000.
The tenant also ...
- 113
3
votes
1
answer
150
views
Who is liable for damage to a rented house not caused by tenant?
Towards the end of a lease of a house, the glass in a sliding door was shattered and cost €300 to repair (which was paid by the landlord).
When the tenant was leaving, the landlord deducted the cost ...
- 755
2
votes
1
answer
132
views
Claim for damages where store is unable to deliver goods
Bob ordered/paid for an item exclusively stocked by a store in the UK in limited quantities, to be delivered to New Zealand by courier (normally delivered within 1 week of shipment). The item was in ...
- 25.5k
-3
votes
1
answer
111
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.
...
- 411
0
votes
1
answer
647
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 ...
- 121
1
vote
1
answer
146
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 ...
- 21
5
votes
4
answers
183
views
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 ...
- 367
22
votes
4
answers
9k
views
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 ...
- 239
0
votes
0
answers
42
views
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 ...
- 374
3
votes
1
answer
145
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, ...
- 385
1
vote
1
answer
75
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 ...
- 153
0
votes
2
answers
191
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 ...
0
votes
1
answer
86
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 ...
- 111
-2
votes
1
answer
105
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 ...
