Questions tagged [damages]

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

15 questions with no upvoted or accepted answers
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410 views

How can I compel my neighbor to address damage they care 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 details the way the ...
4
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1answer
204 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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72 views

How much to sue for something intangible not being met

In BC there is a right to Quiet Enjoyment which is at least partly the responsibility of the landlord. If a tenant was forced to move out due to Quiet Enjoyment not being fulfilled, how much would ...
3
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1answer
102 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 ...
2
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0answers
26 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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176 views

Can you re-assign TAA lease without being liable for damages?

Texas Apartment Association (TAA) apartment lease contract has the following: 30. REPLACEMENTS AND SUBLETTING. Replacing a resident, subletting, or assignment is allowed only when we consent ...
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77 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
52 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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24 views

Aggravated vs Punitive damages

What is the difference between aggravated and punitive damages? It seems aggravated is in response to something that was done to the plaintiff that cause suffering greater than what was simply taken ...
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505 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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2answers
87 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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33 views

Redress for Loss of chance - where to find information

Because of the misbehavior of my university (postponement of my Ph.D.), I have lost the chance to apply to a postdoc research opportunity. I applied to the funding program. The application was ...
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18 views

water pipe leaking from above floor

I rent a commercial space in a condo building and my landlord only owns ground floor and 2nd floor. There are a few times already water leaking (one time was like a flood) from 3rd floor which owns by ...
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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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1answer
530 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 ...