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Questions tagged [remedies]

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9 votes
1 answer
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Declaration of intent to breach as cause of legal action

Say that "James" does work under a valid nondisclosure agreement. During an argument with his manager, he declares that he intends to leak information covered by the NDA. Is there anything ...
In Hoc Signo's user avatar
  • 2,007
3 votes
4 answers
914 views

Do courts declare acts of the legislature unconstitutional?

Do courts declare acts of the legislature (or Parliament, etc.) unconstitutional?
Jen's user avatar
  • 72.5k
0 votes
2 answers
137 views

What is the remedy in First Ammendment cases involving city councils?

City councils in the United States routinely try to ban or censure criticism of other individuals ("personal attacks") during their deliberations. For example, in some cases chairs have ...
Cicero's user avatar
  • 7,194
29 votes
7 answers
14k views

What are the actions a resident should take against police remaining, with no warrant, on residential property after being repeatedly asked to leave?

Police shows up on a residence's front door, starts encounter with resident. Resident decides to end consensual encounter, and asks officers to leave. Officer decline to leave and put foot on the door ...
Mindwin Remember Monica's user avatar
5 votes
2 answers
849 views

Can a dispute resolution clause be set aside?

In relating to an international contract that includes a provision that in 'All dispute in relation to user agreements will be referred to California by Arbitration My question : If the disputes ...
snowball's user avatar
0 votes
2 answers
67 views

Remedies: Take back shares for 100 USD?

Does following part in my contract agreement mean, if I make a mistake, and so breach the contract, company can take back all my shares on 100 USD? Do you think is it fair, proportional? Part of my ...
János's user avatar
  • 117
0 votes
1 answer
62 views

What does `remedy' mean when applied to `malfunction'?

In a legal document, referenced from the license, describing the support service of a commercial software product, the obligations of the latter are described thus: When Licensee reports ...
Anton Shepelev's user avatar
1 vote
1 answer
111 views

What remedies would be possible/likely in a successful defamation suit?

This question is related to another one I asked recently: Is it true that a suit of defamation could require "very little effort"?, so please review that one first -- thank you. Let's say ...
aparente001's user avatar
0 votes
1 answer
217 views

Implied-in-Law vs Quasi Contract

Based on my understanding an "implied-in-fact" contract is one where a moving party acts to benefit the responding party, and where the responding party was aware of the expectation of the moving ...
aug2uag's user avatar
  • 175
1 vote
2 answers
2k views

Suits: How can Simon Lowe, with Daniel Hardman, sue Harvey Specter in connection with the doctrine of unclean hands?

In the last 2 episodes of Suits Season 8, Simon Lowe sues, via his attorney Daniel Hardman, Harvey Specter for breaking privilege. What happened was the lawyers Harvey Specter and Alex Williams who ...
BCLC's user avatar
  • 939
8 votes
1 answer
584 views

What remedies are there if it was subsequently discovered that a witness lied at trial?

Suppose this is a tort case (my understanding is unlike a criminal case there is no double jeopardy in tort cases), where a plaintiff was suing a defendant for a lot of money in a tort. A witness ...
Libra's user avatar
  • 6,548
1 vote
1 answer
143 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 ...
Greendrake's user avatar
  • 28.2k
2 votes
2 answers
103 views

When parties settle without going to court, what prevents from suing for same thing?

Say party X wants to sue party Y for $500 in damages. If, after some negotiation, party Y agrees to pay party X $400 if they don't go to court and make things quick and easy and party Y agrees. What ...
Smith's user avatar
  • 43
4 votes
1 answer
2k views

Use of Microsoft Trademark in Product Name

I am developing Add-Ins that extend Microsoft Office applications with additional functionality. As such, I am looking for product names to advertise these Add-Ins. Here's a very crude example of ...
JDR's user avatar
  • 113
0 votes
1 answer
57 views

Can a court award percentage of revenue as copyright infringement remedy?

If someone infringes my copyright and has been using my software to run their profitable business for years – e.g., a tariff company has been using my tariff collection software – can I ...
semax's user avatar
  • 1
2 votes
3 answers
297 views

Tort - standard of care

My question is to do with the case Nettleship v Weston - I am having trouble agreeing with Denning's judgement in that a learner driver is required to drive the standard of a reasonably competent ...
Anona anon's user avatar
17 votes
1 answer
2k views

Is there any remedy for unnecessary insult by police in the course of their lawful duties?

Following up on Are there any remedies for abusive or insulting behavior by agents executing a search warrant? the more subtle question needs the following elaboration: My impression is that as far ...
feetwet's user avatar
  • 22k
25 votes
2 answers
3k views

Are there any remedies for abusive or insulting behavior by agents executing a search warrant?

Suppose I am a particular person who maintains a clean and orderly residence. I have a sign inside my front door asking visitors to put booties over their shoes before entry. Now some LEOs show up ...
feetwet's user avatar
  • 22k