Questions tagged [damages]
regarding the losses (and the calculation thereof) suffered by a victim of a tortious action or omission
102
questions
-2
votes
1answer
99 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.
...
-1
votes
1answer
105 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 ...
1
vote
1answer
138 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 ...
5
votes
4answers
116 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 ...
22
votes
4answers
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 ...
0
votes
0answers
34 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 ...
3
votes
1answer
82 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, ...
0
votes
1answer
62 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 ...
0
votes
2answers
146 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
1answer
60 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 ...
-2
votes
1answer
79 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 ...
0
votes
1answer
85 views
Who's responsible for property damage?
Hypothetically if there was a leak during apartment renovations on floor B which damaged the apartment on floor A below, the contractor blames the building and the building blames the contractor.
Is ...
1
vote
1answer
81 views
How does one meet the “serious harm” threshold in libel cases (UK)?
I'm trying to sue someone in the UK for libel. (I'm in the US.) I've had some UK attorneys willing to take my case, but not on conditional fee. I recently contacted a pro bono organization there, and ...
2
votes
1answer
108 views
Found a dead insect in a mushroom package
I found a dead insect at the bottom of a mushroom package I bought from local grocery store. I already consumed some of that mushroom and when I removed the remaining mushrooms to store in another ...
1
vote
1answer
92 views
Liability for pushing trespassing stock out on the street?
Bob's land (in an urban area) has been trespassed by Rob's bull which has already caused some damage. Bob has repeatedly asked Rob to keep the bull out, but Rob has not been caring enough. Bob has ...
2
votes
1answer
164 views
Who is responsible for the bull's damage?
Bob owns and lives on a piece of land adjoining another, vacant one owned by Alice. There is a sheep fence between them which Bob has installed at his own expense (even though he legally could demand ...
3
votes
3answers
406 views
Why should one never threaten to sue?
I've often seen it in answers and comments on this site, that if you want to sue someone, then just go ahead and sue, don't tell it them beforehand. It's often repeated as some kind of dogma, I've ...
-1
votes
1answer
101 views
What can I do if a painter puts paint / plaster in my shampoo bottle? [closed]
We have a very mean and short-tempered guy painting our apartment -- it's a several days job. Tonight, I found what appears to be paint or plaster in my shampoo bottle; I twisted off the cap of the ...
1
vote
4answers
111 views
If a good is stolen, does the previous possessor have an indefinite immediate right to possession of that good? (Until it's returned)
To be more specific, the hypothetical scenario is a little more complex. I am also wondering about the remedies that may be awarded. This refers to tort law.
Say, A bought an unregistered motorbike in ...
1
vote
1answer
60 views
Is incurring taxes on someone a damage?
Imagine this scenario.
Person A owns a investment account managed by broker B.
A tries to sell an investment in a tax advantaged way.
B maliciously does the transaction wrong, causing A to incur taxes....
1
vote
1answer
77 views
Can difference in price be damages?
Bob places an online order. The store confirms that the exact thing Bob ordered is in the warehouse and can be shipped immediately, and sends invoice. Bob pays.
Several days later the store says that ...
3
votes
1answer
102 views
Incident with another cyclist, repair costs too expensive
Past week I had a bike incident with another cyclist. The rider in front of me slowed down and when I looked back to confirm no one was behind, he stopped and I hit him. Totally my fault, and no one ...
4
votes
4answers
561 views
What's the purpose of large judgments against a defendant that clearly can't pay?
A few years ago I was on the jury of a civil trial wherein we ruled that the defendant should pay millions of dollars to the plaintiff. They were found guilty in the criminal trial and were not ...
1
vote
2answers
137 views
How would a court decide damages when it comes to art?
Recently, there was a man who ate a banana that was part of an art exposition in New York.
The piece of art in question featured a banana taped to a wall and was priced at 120,000$.
As far as I know, ...
2
votes
2answers
48 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 ...
1
vote
1answer
146 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 ...
1
vote
1answer
156 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. ...
1
vote
0answers
96 views
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 ...
1
vote
0answers
53 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 ...
12
votes
1answer
6k 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? ...
1
vote
2answers
115 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 ...
0
votes
1answer
138 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 ...
4
votes
2answers
188 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
votes
1answer
96 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 ...
0
votes
1answer
55 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, ...
0
votes
2answers
99 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 ...
1
vote
1answer
92 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 ...
0
votes
3answers
144 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 ...
1
vote
2answers
694 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 ...
-1
votes
1answer
2k 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 ...
0
votes
2answers
144 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 ...
4
votes
1answer
118 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 ...
1
vote
1answer
78 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?
...
-1
votes
1answer
185 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 ...
4
votes
3answers
222 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 ...
1
vote
1answer
365 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 ...
1
vote
3answers
193 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 ...
2
votes
2answers
2k 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 ...
4
votes
1answer
615 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 ...
1
vote
1answer
112 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 ...
