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Questions tagged [damages]

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

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57 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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17 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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97 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
179 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
95 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
81 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
29 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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79 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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119 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
83 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
126 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
414 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
168 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
57 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
72 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
188 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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772 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
56 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
82 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
66 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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45 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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3answers
149 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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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
75 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
107 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
51 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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407 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
194 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
177 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
75 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
74 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
206 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
264 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
97 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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23 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
117 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
644 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
123 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
79 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
138 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
737 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
448 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 ...
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1answer
145 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 ...
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1answer
44 views

What liability is there for a company whose genetic modifications make their way into originally non-modified crops?

Assume that a company has created genetically modified crop plant. A farmer purchases some seed from this company and plants this seed in his field. Somehow, that genetic modification jumps species ...
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1answer
76 views

Why Can’t I prove Negligence & claim damages in delayed Admission Decision?

A gov admitting agency had the mandate to green-light my application but they halted it pending transcript verification from my previous university. I was later admitted but BECAUSE i wasn’t admitted ...
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1answer
81 views

What recourse do I have against commercial use of my image?

Somebody took photos of my wife on a treadmill at a gym without her permission. One of those photos appeared a week later in the local paper in an advertisement for a car dealership. Subsequently my ...
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1answer
336 views

Does filling U.S. postal service business reply envelopes with junk incur any legal peril?

Some companies that send junk mail include a "business reply" envelope. This allows the junk mail recipient to send a "reply" through U.S. mail at the originator's expense. In fact these business ...
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294 views

How are damages calculated for intentional torts of assault and outrage?

Intentional torts like assault and outrage (a.k.a. infliction of emotional distress), or for that matter, dignitary torts (e.g., invasion of privacy, or alienation of affection) don't have readily ...
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1answer
128 views

How are emotional distress damages quantified?

In TV lawsuits, it's common for the plaintiff to request large amounts of money for emotional distress not caused by physical harm. What actual guidelines can be used in California for evaluating the ...
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143 views

Can I take actions to mitigate an anticipated breach of contract and then sue to recover their costs

Disclaimer: I’m not looking for legal advice. I’m in a month to month lease. I checked, and where I live the landlord cannot end a month to month lease without going through the full eviction process ...