Questions tagged [damages]

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

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1answer
57 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 ...
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128 views

Uninsured student cyclist under pressure to pay damages upfront before having the opportunity to seek free legal counsel [closed]

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 ...
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1answer
77 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 ...
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1answer
58 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 ...
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2answers
60 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 ...
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50 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 ...
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39 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 ...
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172 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 ...
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1answer
97 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 ...
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1k 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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1answer
136 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 ...
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1answer
105 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 ...
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101 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. ...
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1answer
341 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
116 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 ...
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1answer
140 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 ...
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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 ...
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4answers
124 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 ...
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141 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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35 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 ...
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1answer
96 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, ...
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1answer
66 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 ...
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63 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 ...
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1answer
81 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 ...
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1answer
87 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 ...
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1answer
656 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
602 views

How can I compel my neighbor to address damage they are causing my property?

My neighbor has an energy efficient low e window. They have had it for about 10 years, but over time it has slowly been causing damage (melting) our vinyl siding. This article (Glare from energy-...
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1answer
148 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 ...
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1answer
168 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 ...
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1answer
94 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 ...
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1answer
386 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
602 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 ...
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103 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 ...
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4answers
119 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 ...
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1answer
62 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....
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2answers
142 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, ...
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1answer
87 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 ...
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1answer
110 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 ...
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4answers
573 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 ...
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2answers
49 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 ...
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1answer
147 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 ...
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1answer
3k views

Is a public establishment liable for insect stings?

If a patron gets stung by, say, a wasp, while seated in a restaurant, can the patron sue the restaurant for pain & damages? Would an allergy to wasp stings make the case stronger? Would it matter ...
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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. ...
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103 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 ...
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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 ...
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1answer
7k 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? ...
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2answers
127 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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2answers
204 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 ...
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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 ...
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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, ...