Questions tagged [liability]
Use this for questions where the award of damages, or its possibility, is involved.
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Is President Trump exposed to civil liability by releasing a (presumably) surreptitiously recorded version of his interview with 60 Minutes? [duplicate]
Here is a version of President Trump's interview with 60 Minutes. Assume President Trump or someone working for President Trump recorded this video with an I-Phone without knowledge by 60 Minutes.
Is ...
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Is Twitter liable for its content?
Twitter has allegedly censored a New York Post story alleging possible corruption by Hunter Biden and, by implication, Joe Biden in overseas business dealings.[1]
Sen. Ted Cruz on Thursday said ...
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Open Source liability if I accept donations?
If I have an open source project with the MIT license and I accept donations, does that change my liability?
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Third Party Liability for representations
(I suspect this looks a bit like a homework question. Its not. I have tried to distill the question as much as possible). I'm interested in how this would typically be answered in countries based ...
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Could someone be liable if they intentionally congregate after testing positive for coronavirus?
As I understand it, in most states it's a criminal act to knowingly engage in unprotected sex if you know you have a sexually-transmitted disease and don't inform your partner. If the disease is life-...
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Under what circumstances could laying hacker "traps" cause civil or criminal liability for non-law enforcement civilians?
The answer to If a hacker is infected as a result of their actions, is the victim liable? that explained laying a trap to injure someone could go either way depending on the severity of the injury and ...
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Is an independent contractor liable?
If an independent contractor performs work or provides consulting services to another company, and that company suffers a loss (or deems to suffer a loss) due to the independent contractor, can they ...
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Service Company Charging for Replacement of Asset After Not Collecting Asset Upon Request [closed]
Our company had enlisted the services of a waste management company during construction. We had used their garbage bin, in Feb 2020, and requested them to pick it up as it was full on Feb 17th. They ...
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Liability for felony theft in Massachusetts [closed]
I recently discovered that my recent ex-girlfriend had been stealing money from me. She had stolen my credit card information and used it to purchase Visa Gift Cards on Amazon. This occurred during ...
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How Are LLC Liabilities Prioritized? e.g. Are Bank Loans Paid Before Legal Settlements?
Consider an LLC that owns a rental home worth $700,000 and has bank debt of $500,000. A renter slips, falls, sues, and wins a $300,000 settlement. Is the bank debt senior to the lawsuit, leaving the ...
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Is onetoughnerd.me protected by the 1st Amendment?
I saw a website that appears to be making fun of Rick Snyder, and specifically his handling of the Flint Water Crisis and his Twitter handle. As the following log shows, it redirects to a URL ...
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Why is the manufacturer of a wireless radio device responsible for preventing end-user modifications? [closed]
One of those things that irks me about the FCC regulations is that manufacturers are responsible for preventing, and can apparently be held liable for, end-user modifications to wireless radio devices ...
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What is the exact meaning of this Article about loss of liability limitation?
The Article below comes from a Convention. I am confused about the exact meaning of its last part:
A person liable shall not be entitled to limit his liability if it is proved that the loss resulted ...
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When can you file a lawsuit against a "parody" website?
Hypothetically speaking, if someone were to make a website about 4 different lawyers and 2 different firms and promote it as a parody website using elements of breaking bad, better call saul, etc.
...
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Stolen code in a GPL repo
Quite an odd thing has happened. A software author as released a repo under GPL 3.0 license
But inside that repo is code that the author doesn't own in any way and has no license. Now when people fork ...
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Does a work reference have liability?
Similar to What is the liability of a person who signs as a witness? does a reference for a candidate employee have liability for what they say about the candidate?
I've seen some companies ask ...
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I want to provide a online service/app to the world which might not legal in all countries/jurisdictions but mine. What next?
If i provide an online service/app to the world which is legal in my country/jurisdiction but might not be legal in other locations, what i have to do or what might happen to me?
I mean every ...
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Same name in social networks, same product, different country, changed it as soon as it came to my knowledge, untangible goods
I started a business reading tarot online, using a Facebook and Instagram page. My attempt was to do this bilingually. At the time I started it I didn't know there was another woman in another country ...
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Has omitting "but not limited to" ever resulted in a lost case?
Given the ubiquitous use of the phrase "including, but not limited to," have courts ever actually upheld a misinterpretation of the English word "including" to instead mean "...
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Is Trump's COVID-19 liability waiver enforceable?
In order to get tickets to Donald Trump's campaign rally this weekend, you're required to agree to the following waiver of liability:
By clicking register below, you are acknowledging that an ...
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Can I be liable for vandalism if I have posted a political sign on the property?
I have posted a political sign on the front lawn of a house I am renting. The landlord has told me that if I don’t remove this sign, I will be liable for any vandalism occurring to the house, as he ...
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If a stolen item is stolen again, who has the liability?
This is a follow up on a poorly phrased question. Assume a car is the only asset anyone has in this scenario.
Person B steals a car from person A by forging the registration in a fraudulent manner.
...
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Can a fine incrue interest? Can a fine be/become unreasonable?
In the United States, there are certain situations where you must pay a fine that government in the United States puts upon someone.
However, is it legal to impose a fine greater than what a person ...
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Strict liabilty
In a Civil Law legal system there is a distinction made.
Proper Strict Liability which is plainly Strict Liability as used in the English Language (guiltless liability/ liability regardless of guilt ...
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Neighborly liability?
My wife and I have been building a playhouse for our kids on the backyard. Our neighbor keeps telling my wife that we must put up a fence and/or get lots of insurance because if her son gets hurt in ...
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Liability and Responsibility what is the importance of the distinction in common Law
In Civil Law( legal system) there is no distinction between Liability and Responsibility.
One can only seek(judicially) the cessation of an illegal act if they have suffered damages.
One can only ...
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Risky to provide summary of legal document with the document?
I'm planning on including Terms and Conditions, Privacy Policy, etc for users of my website. Following best practices I want to require affirmative "I agree to the terms and conditions" (or similar) ...
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How can I safely provide a free online service?
I am developing a website for secure sharing credentials. Similar to https://www.cloak.sh/ .
How can I protect myself and hopefully eliminate all my liability, while still providing a service "...
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Does mens rea completely absolve responsibility/culpability of the parties involved?
Using the English Law's definition of mens rea, does not meeting the standard of it completely absolve the parties involved of any guilt and responsibility for the incident?
Mens rea
Direct ...
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Wrongful death suits against government officials
Can state governors be held liable in wrongful death suits where the deaths are proven to be a direct result of violating all known medical advice and scientific assessment?
I remember that anti-...
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can police accept my guilt in a state of shock?
can the police legally take my admission to a car crash when I am in a state of shock in the middle of a car crash? and if not under what act?
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Personal liability forum shopping: When does US personal liability law apply? When can its application be excluded?
I am interested in the possibilities of forum shopping in regard to personal injury claims. (Tort and contract.)
For the sake of argument, let's assume a manufacturer M that manufactures electronics ...
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Are there laws in the USA that prevent news from reporting false information about a situation that could put lives at risk?
There has been quite a bit of misinformation flowing about COVID-19, some of it has even been reported on major news agencies, the one most heard about being Fox and Friends claiming, falsely, that ...
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Individual vs. corportate liability for inherently dangerous activities
These days a lot of people make their living on YouTube, doing inherently dangerous things and filming them. For instance, there's those people who climb up unfinished skyscapers without any safety ...
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Entertainer Delima with Performance Rights Organization Licensing
I am an entrepreneur who entertains patrons in bars and restaurants for profit similar to a DJ.
I am very aware of the legal implications of playing copyrighted music/songs in public and the business/...
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Can you sell a program that breaks the Terms of Use of a website?
I want to sell software that automates user activity on a website.
Automated interaction is against the website's Terms of Use, as you would expect.
Is it possible to legally sell someone a tool to ...
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Why does MirOS licence have liability exception?
MirOS licence has this warranty disclaimer:
This work is provided “AS IS” and WITHOUT WARRANTY of any kind, to the
utmost extent permitted by applicable law, neither express nor
implied; ...
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When does liability and actions defer to the corporation
This question arises from the following question:
WorkPlace_Refusal
If you are requested by an executive to perform a task that you believe is illegal, the executive assures you that it is legal, ...
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How might I hold neighbor liable if a hazardous tree falls on my property? [duplicate]
My neighbor has a tree planted near the fence, and it overhangs my property. Branches have fallen but have not caused any damage. I want to ensure that the neighbor would be held liable should there ...
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Over 3 years to put me back in my house after a fire at the personal cost of over 90k. Who do I sue?
Over 3 years ago I had a fire in my home that is still not ready to move in. After the abatement (6 months) the first contractor decided not to do insurance anymore. Decided not to take the contract, ...
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Does fraudulent conveyance only apply to bankruptcy?
Say creditor has a judgement and before the judgment I transferred assets to someone else. Can the creditor go after the fraudulently conveyed assets? Or is that only for bankruptcy?
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Am I legally responsible for being a developer of a code, if my customer uses it illegally?
I am from an Europe country, I work online and get orders on freelancer websites.
Few months ago, I had a customer hiring me to do some Bitcoin-related coding, I'm one of their developers for 6-7 ...
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Liability from conflict of interest
There are two co-owners, A and B, of a federal corporation C in Canada. B has a side job at a Canadian company D which has a non-compete clause in the contract. C and D do in fact compete. If a legal ...
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Who is liable when a consumer sues a company?
Recently, a vegan customer sued Burger King because a plant-based burger he bought at a Burger King franchise was cooked on a grill also used for cooking meat.
This got me thinking: who would usually ...
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Can a website incur liability for linking to a funding campaign for a lawsuit against it?
A large website that hosts user-created content has recently announced that it is redacting links to a fundraising campaign for a lawsuit against it "under direction from [its] legal team." Is there a ...
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Liability for fire
I caused a fire in my building by disposing of a cigarette in a trash can (the building is in New York City). Obviously a stupid and negligent mistake. However smoking is permissible and the reason ...
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Purolator Shipping Insurance "At Shipper's Risk" clause
I shipped personal items from Canada to the US with Purolator. One package arrived significantly damaged (the delivery man also acknowledged and made note of this).
I purchased 1200$ worth of ...
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Breaking stuff while doing someone a favor
Am I less responsible/liable for stuff that I break while doing someone a favor, and neither doing anything intentional to cause the break nor being negligent?
For example:
someone on the street ...
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Is it a HIPAA violation for a dentist office to print a patient's password on paperwork?
Dentist office just printed my password (to their portal) on their paperwork.
Surely this is a HIPAA violation (or against best practices, HIPAA or otherwise).
Can anyone confirm if so and point me ...
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Services liability for damages
If a service provider, such as a plumber, does a job incorrectly that directly results in extensive damage to your property, are they liable for the damages?
New Mexico, US
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