Questions tagged [tort]

A tort is a civil wrong that does not necessarily rise to the level of a criminal act although torts and crimes can arise from the same acts or omissions.

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53 views

What chance could Donoghue prove Stevenson's negligence? Why did Stevenson's estate settle with Donoghue for £200 in 1933?

Donoghue's case doesn't overcome the standard of proof in civil cases, the balance of probabilities. As Canada and English law Prof. Hutchinson explained below, Donoghue never proved the facts of her ...
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48 views

What is the scope of damages in common law fraud?

It appears to me that in case of fraud, the benefit-of-the-bargain rule defines the breadth and width of the liability of the tortfeasor in some U.S. states, and not strict liability. Do I understand ...
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63 views

What are the legally allowable "complaints" under the following facts?

My questions arise from the fact that statutory rape is a "strict liability" crime. This could lead to a paradoxical result like the following: An underaged individual forces a much* older ...
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50 views

What torts can a person not yet admitted to the bar represent before a California state or federal court?

A comment on a recent question stuck with me: "[L]ay people can't prosecute [torts] in California". Is this correct? And if so, to what extent? What torts can and cannot be prosecuted by a ...
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76 views

Does someone have liability for selling a vehicle that later fails and causes an accident?

Suppose Alice wants to sell a 20 year old car with some structural issue that she knows about. Alice discloses the issue, along with the disclaimer that she is not a mechanic and doesn't claim to know ...
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352 views

Why did Lord Devlin bring up "the doctor accepted half a guinea for his trouble"? Don't NHS doctors receive consideration, even if patients don't pay?

In saying "the doctor accepted half a guinea for his trouble", Lord Devlin is giving an example of contractual consideration for the private doctor. Correct? I'm not British. If I ...
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87 views

May one have an affirmative defense to the ‘Texas Heartbeat Act’, SB8, if they require reimbursement from the patient for any statutory damages?

Example: A provider (and/or others, such as an insurance company or Uber driver) requires a patient seeking a potential abortion to sign a contract agreeing to reimburse them for any potential costs ...
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134 views

In CA: If one borrows a phone to send text messages and returns the phone without deleting them, is it legal for the owner to read or share the texts?

In California, A borrowed a cell phone from B, which A used for months. Then, A returned the phone without deleting the text messages and even gave B the password to unlock the phone. Is it legal for ...
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Does a duty of care arise from advertised functionality?

Credit card issuer advertises "account alerts" on its website and in other communications, e.g., to "receive a reminder when your payment is due". Customer sets up alerts, and ...
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144 views

What can I do about the trash?

I live at the corner of a 4 way intersection. There are houses on 3 corners, one being mine. The 4th corner used to be an open field, owned by the 7/11 that was on the street behind me. A few years ...
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69 views

In Australia, how do I send a letter of demand to a person but don't know his physical address, only email address?

I need to send a letter of demand to a person but I don't know his address. I only know his work address. This for a Small Claims Dispute (Less then $10K). I am in Australia. I have his email and can ...
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72 views

Can Right to Chattel be Challenged during Pre-Trial Phase?

Suppose the plaintiff has filed a trespass/conversion tort in federal court, but the chattel they are asserting a right to is not actually theirs. I understand that in some sense, and to some extent (...
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62 views

If cause for injunctive relief becomes moot while case is pending, can it affect jurisdiction?

Suppose there's an interference tort (trespass/conversion) filed in federal court, and there is a jurisdictional requirement that the plaintiff be seeking injunctive relief (both parties are based in ...
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113 views

Are disabilities taken into consideration when establishing jurisdiction?

If a person has a disability, whether physical or psychological, that would make traveling out of state/country a hardship for them, will the courts grant that person's state personal jurisdiction ...
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119 views

If a tort occurs over social media, does the Plaintiff's state have personal jurisdiction over the defendant?

Say person A lives in one state, and person B was harassing them on social media. Person A wants to sue for both libel and intentional infliction of emotional distress. Would the harassment (B making ...
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1answer
52 views

Can posting an answer, in the absence of a specific disclaimer, on Law SE attract Hedley-Byrne liability?

If, as a barrister, I post answers on Law SE, without specific extra disclaimers other than the standard Law SE one, can such a posting give rise to a pure economic loss Hedley Byrne tort case against ...
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1answer
68 views

What distinguishes civil offenses from theft of services?

According to the Q&A information at Why is stealing from an employer a criminal act when stealing from an employee is a civil act?, an employer declining to give an employee a paycheck is a civil ...
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Are there digital copies of the Restatements of Torts or the Concise Restatement of Torts you can purchase or read online?

I hope to find something searchable to efficiently work with, and so far I could only find paperback copies.
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will an attorney handle a case that involves taking the county of which he serves to court? [closed]

Will an attorney handle a case that involves taking the county he serves to court?? State of Washington county of Lewis.
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Can this retailer be successfully sued for false arrest, false imprisonment or other tort?

Here is a Youtube recording (2:00 to 3:00 minutes) where a defense lawyer related the story of a client accused of stealing by a retailer. The retailer's personnel stopped and questioned the woman (...
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1answer
64 views

Are the following Terms of Service clauses valid/enforceable?

Wallhax is a website selling cheats for online games like Among Us, Apex Legends and dozens of others. Clearly what they do is in clear violation of these games' terms of services. On their own terms ...
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1answer
102 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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416 views

Can a rental car company require you to forfeit your right to fight a fine?

While driving a rental car recently (rented and driven in Florida), I rubbed a traffic camera the wrong way and received a fine. I was only told about the fine in a letter weeks after returning the ...
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215 views

Is "canceling" people tortious interference?

Is "canceling" people tortious interference? As a concrete example, Richard Stallman (RMS) is/was employed by the Free Software Foundation (FSF), MIT and other organizations. He voiced ...
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Is lying on a survey illegal?

If a survey is being done, either for scientific purposes or to collect information inside a workplace, is it legal to lie in it? For example if the workplace wants to know how many employees have ...
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5k views

Why does the U.S. have much higher litigation cost than other countries?

According to the institute for legal reform (https://instituteforlegalreform.com/wp-content/uploads/media/ILR_NERA_Study_International_Liability_Costs-update.pdf), liability/GDP ratio is 1.66% which ...
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177 views

If a person commits assault in Mexico and not charged in Mexico, can he or she be charged here in the U.S.?

A man assaulted a woman while in Mexico. She did not press charges there and they returned to the U.S. Can she press charges against him in this country for something he did in Mexico?
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Alternate recourse to assault

https://abcnews.go.com/GMA/News/surveillance-video-released-hotel-incident-jazz-musicians-son/story?id=74985452&cid=clicksource_4380645_7_heads_posts_card_hed Given the assault shown on the video (...
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What is the exact breach and remedy in the following situation?

On the 20th of the "previous" month, a tenant signs a lease with a landlord for an apartment, to be occupied on the 1st of the following month, or immediately thereafter. The lease "...
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56 views

Isn't it wrong to cite a law textbook first, before case and enacted law?

I remember reading this somewhere, and I'll update this post if I find the book, but aren't you supposed to cite primary law like cases and legislation first? Even if written by judges or jurisprudes, ...
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161 views

Are there "eggshell skull" issues involved in lawyering?

There are probably numerous examples, but this is the one I am most familiar with. You are pursuing a lawsuit in which the defendant is 300 pounds, and shows other signs of being prone to a heart ...
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176 views

What constitutes a threat

Assuming no other details are hidden, and you only have the following facts, would it be enough to classify the case as a reasonable threat? Person A and B are roommates. Person A is upset with ...
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163 views

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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41 views

Are there any essential differences in the nature and quality of the following defenses?

A has clearly been injured, and has the bruises to prove it. He sues B for hitting him and causing those bruises. As far as I can see, B may have several different defenses. Yes, I did hit A, but was ...
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95 views

Does the right to use a road affect liability in accidents?

The German traffic law is very restrictive for children on bicycles. In particular Strassenverkehrsordnung §2, section 5 states that children up to 8 years of age are not allowed to bike on roads and ...
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126 views

On what grounds can I sue someone who intimidates and verbally abuses another?

There is this guy in my community who is known to be very nasty, always intimidates and verbally abuses people. He is what we can imagine a narcissistic person. We have SMS, video and audio records ...
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137 views

Can a thief sue someone whose house he was robbing?

A thief entered a house by crossing an electric fence. The fence was turned off when the thief came in, but it was turned on before he fled. When he tried to escape over the fence, he got shocked and ...
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160 views

Is allowing kids to leave their bike out on their lawn an example of attractive nuisance?

I know plenty of friends who have allowed their kids to leave their bikes in the front yard. I'm wondering what would happen if a random child were to steal a bike left out and get hurt playing with ...
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153 views

Is intentional anti-gentrification a tort?

Suppose I hire some homeless people to stand in a specific neighborhood. Housing prices drop. I then buy a house cheaply. What can I be sued for? The best idea I had is that if I had them target a ...
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203 views

Could you briefly tell me the difference between strict liability and negligence?

there: I have three questions about strict liability, if you can give me some brief and plain explanations. What is the difference between strict liability and negligent liability? i.e. strict ...
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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 ...
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38 views

Categorising a Factual matrix

In the law of Torts, what is a factual matrix and how would you categorise the factual matrix from a respective case?
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Will Littering in Private Property be covered under Tort Laws?

Say a person A litters at Private property of person B (maybe his Home) with things that B may find distressful (maybe Cigarette covers or anything similar). So will person A be legally accountable/...
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107 views

Strict liabilty

In Civil Law legal system there is a distinction made. Proper Strict Liability which is plainly Strict Liability like used in the English Language( guiltless liability/ liability regardless of guilt ...
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58 views

When (if ever) is it a tort for a reporter to reveal "off the record" info?

Outside of NDAs and other confidentiality contracts, are there any circumstances where it would be a tort for a reporter to reveal information that was shared under an "off the record" condition?
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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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167 views

Is it illegal to deliberately cause someone stress?

It is not legal in most countries to disrupt someone's success, but mental stress does cause disruption. Thus, the question is: Is deliberately causing someone distress illegal? And if so, in which ...
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112 views

How can the burden of proof be shifted on the defendant?

NOrmally, the burden of proof is on the accuser (plaintiff). But my understanding, from reading the link, is that if the accuser makes a prima facie case, the burden proof can shift from the accuser ...
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59 views

How does preponderance of evidence work in the following tort scenarios?

My understanding is that the burden of proof in a tort case is preponderance of evidence. that is, more likely than not. Consider the following: Defendant hits the plaintiff. The plaintiff suffers a ...
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55 views

How much easier is it to win "out of pocket" damages than "opportunity" damages in a tort case?

Plaintiff is an athlete that was drafted out of college (or even high school) by a major league ball team. He has just finished working his way through the "minors" and was promoted to the major ...