Questions tagged [damages]

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

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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 ...
12
votes
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? ...
10
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1answer
2k views

Has anyone ever won a lawsuit against oneself?

The legal blog Lowering The Bar has a list of lawsuits where both the plaintiff and the defendant were the same person or legal entity. Some of the examples are: "Utah Court Says Woman Can Sue ...
7
votes
1answer
418 views

Who would have to pay for the damage resulting from sitting on a freshly painted bench?

When a bench in a public area gets repainted/lacquered, there’s typically a sign that reads "Wet paint!", which should warn people not to sit on the bench. A blind person can’t read this sign, sits ...
7
votes
2answers
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 ...
6
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4answers
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, ...
6
votes
2answers
436 views

Is it possible to collect damages for free content?

Some content, especially online, is freely available, such as many pictures, Creative Commons content, and video game modifications. If the creator never makes any money from selling said content, is ...
5
votes
4answers
125 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 ...
5
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1answer
195 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 ...
5
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3answers
258 views

Acid attack on garden - perp arrested and charged

My neighbour threw acid over my garden; he has been charged for criminal damage. I was told by a (junior) policeman that I'd need a loss assessor's assessment on the amount of damage before the first ...
5
votes
1answer
616 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-...
5
votes
1answer
200 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 ...
5
votes
1answer
153 views

Legal action that can be taken by nannies?

If the child being watched (9-10 years old) by a nanny frequently physically attacks the nanny, sometimes causing severe pain, can the nanny take any form of legal action? The nanny in question is a ...
4
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1answer
112 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
580 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 ...
4
votes
3answers
174 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 ...
4
votes
1answer
768 views

Meaning of uppercase paragraphs in software licenses

For example, in the MIT license we find this paragraph: THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF ...
4
votes
2answers
211 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 ...
4
votes
1answer
664 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 ...
4
votes
3answers
233 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 ...
4
votes
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 ...
4
votes
1answer
121 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 ...
4
votes
1answer
232 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 ...
3
votes
3answers
637 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 ...
3
votes
3answers
612 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 ...
3
votes
1answer
98 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, ...
3
votes
1answer
81 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 ...
3
votes
1answer
514 views

Coat checks warning

I got into a debate with a friend about the disclaimer you see on coat checks, parking lot tickets, and other similar "contracts." There is often text printed on the back of the tickets you receive. ...
3
votes
0answers
77 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
votes
1answer
144 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
votes
2answers
713 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 ...
2
votes
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 ...
2
votes
1answer
169 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 ...
2
votes
1answer
115 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, ...
2
votes
1answer
100 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 ...
2
votes
1answer
99 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 ...
2
votes
1answer
172 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 ...
2
votes
4answers
124 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 ...
2
votes
1answer
99 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 ...
2
votes
3answers
368 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 ...
2
votes
1answer
126 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) ...
2
votes
1answer
144 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 ...
2
votes
1answer
198 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 ...
2
votes
1answer
59 views

Valuation of a Person's Life

When awarding damages in a wrongful death suit, what criteria are used to determine the "value" of the person's life? Does the plaintiff and/or defendant have any input into this process?
2
votes
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 ...
2
votes
0answers
30 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-...
2
votes
0answers
212 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 ...
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 ...
2
votes
1answer
342 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 ...
1
vote
1answer
157 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. ...