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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Is it legal for a bank to trap you in an ATM vestibule?

In an episode of Friends, Chandler is in an ATM vestibule when a power blackout happens. The door to the vestibule automatically locks and he (and a supermodel) are trapped inside until the power ...
B. Goddard's user avatar
-3 votes
1 answer
129 views

Can damages ever/typically be assessed for unrealised, yet wrongfully-inflicted risks?

Alicia and Bob live together as a happy couple, until one night they break up and Alice throws all of Bob’s stuff onto the curb while he is still out. He comes back to find it all there, but she didn’...
TylerDurden's user avatar
0 votes
1 answer
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What are the consequences for a family fight in the US?

If a mother (senior) first tries to slap her daughter (30+ yrs old), but the mother missed, and then the daughter grabs the clothes her mom is wearing, and slams her mother against the wall, what kind ...
HelloDarkWorld's user avatar
5 votes
1 answer
146 views

What are the most prominent differences among the common law systems of the different states in the U.S.A.?

I (tentatively?) understand that the law of contracts, the law of torts, the law of property, and (probably?) some other areas of law in the U.S.A. are mostly the common law of the separate states. ...
Michael Hardy's user avatar
-1 votes
1 answer
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Why - and when - are some torts actionable per se (vs needing to demonstrate actual damages)? [duplicate]

According to this article: Trespass to land occurs where a person directly enters upon another's land without permission, or remains upon the land, or places or projects. This tort is actionable per ...
TylerDurden's user avatar
0 votes
2 answers
91 views

How does direct action result in a civil claims?

Greenpeace has been involved in direct action from around or before it was officially founded in 1969 - 71. Before this month I have not heard of civil cases being brought against them. Earlier this ...
User65535's user avatar
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-5 votes
1 answer
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Implications of subversive harassment [closed]

What are the implications of causing someone distress in some subversive fasion to the extent that they quit their job, get a divorce, run away, leave my establishment, or begin to cause defimation? ...
Chezzwizz's user avatar
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23 votes
2 answers
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A car catches fire in a carpark. The resulting fire spreads destroying the entire carpark. Who is liable?

A car catches fire in a multi-story carpark. The fire spreads quickly from the car, igniting nearby vehicles, leading to a raging inferno that causes the collapse of the carpark. All the cars parked ...
Jack Aidley's user avatar
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12 votes
2 answers
2k views

Civil liability for criminal punishment

Eve, as a practical joke, asks Mark to go to a place she describes as a “public park” to fetch a hat she had supposedly left behind. Unbeknownst to Mark (but beknownst to Eve) the area is actually an ...
Sneftel's user avatar
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8 votes
2 answers
215 views

Do you owe any duty of care to law enforcement carrying out a search?

There are various circumstances where law enforcement can legally carry out a search of an individual or their property. Are there situations where the person being searched has a responsibility to ...
User65535's user avatar
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1 answer
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Is one witness all that's needed to prove a civil case?

So a couple of weeks ago I parked at my apartment building and when I came back to my car the following day, I found a note that I had hit the car beside me when I parked and that the other party had ...
Trustworthy's user avatar
3 votes
2 answers
990 views

Case Where Court Found Exception to Judicial Absolute Immunity Preferably From USDC for the Southern District TX Houston Division

Is there a case where any court found that a judge's actions amounted to an exception to judicial absolute immunity?
Ronnie Royston's user avatar
3 votes
2 answers
53 views

When does s3(1) of the Defamation Act *not* apply in malicious falesehood cases?

To successfully bring a claim for maliicous falsehood in the UK, one has to show that one has suffered "special damages", which are actual damages suffered as a direct consequence of a ...
Pancake_Senpai's user avatar
0 votes
2 answers
101 views

Are attorneys legally or ethically bound to share evidence in civil cases before complaints are filed?

Are attorneys legally or ethically bound to share evidence or discovery materials in civil matters before actual complaints are filed? Let's say Person A (a non-public figure) suspects Person B (a non-...
BlueDogRanch's user avatar
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Do the elements for bystander IIED include defendant knowing the bystander both was present and related to the victim?

I am studying for the bar exam (United States). I have encountered two different versions of the elements for bystander Intentional Infliction of Emotional Distress (IIED). I am not sure which is ...
S J's user avatar
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3 votes
1 answer
162 views

Do reward-seekers have a duty to minimize loss or harm to a third party?

Alice repeatedly commits some tortious act against Bob (say, defamation, or copyright infringement, or breach of contract). Under the principle of mitigation, Bob must take reasonable action to ...
Psychonaut's user avatar
6 votes
4 answers
3k views

What legal relief is available when a neighbour uses my address as his own for communication without written consent from me?

A property, say plot no.31, was sub-divided into two parts. After subdivision the plot number on record for the newly created subdivision was, say, 31-A; the original plot number remained 31. The ...
Everyone's user avatar
  • 377
2 votes
1 answer
101 views

April Fools Day, Journalism, Liability, and Tort law. (U.S.)

If a company or journalist known for publishing non-satirical news was to stray from their normal reporting on April fools day, and publish something like; "Amazon hit with ransomware, customer ...
Cypriot90's user avatar
33 votes
3 answers
10k views

Can a bank sue someone that disseminates information that starts a bank run that destroys the bank?

Specifically, could Silicon Valley Bank sue the Founders Fund and other VCs that had companies they invested in withdraw their funds? Has any bank ever successfully done this? To clarify, I'm not ...
a101010's user avatar
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2 votes
0 answers
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What were the main factors prompting the abolition of heart balm torts?

What were the driving forces that led to it, what were the mechanisms that enacted it, and what were the stated rationales for it? Adultery is still recognised as a fault factor in divorce that ...
TylerDurden's user avatar
0 votes
1 answer
98 views

Are there any crimes or civil wrongs in disingenuously wasting another’s time?

Suppose that one phones you and states that they have a Nigerian princes inheritance which they would like to arrange to send to you. Or that they would like to donate some money to your organisation ...
TylerDurden's user avatar
0 votes
1 answer
36 views

APA vs. tort comparison

Any suggestions on where to find a detailed side-by-side comparison of the Administrative Procedures Act use versus the use of tort law for federal agency cases? Thanks for suggestions. Searching on ...
Eliza's user avatar
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7 votes
3 answers
894 views

What is the duty of a medical office to properly bill one's insurance? (USA)

In the US, it is typical for patients to sign contracts with a medical office assigning whatever benefits are applicable from their health insurance to the doctor's office and leaving the patient ...
Alan's user avatar
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4 votes
3 answers
216 views

Bait and switch - written vs oral obligation

A company is advertising a sale stating that I will receive a discount site wide for 50% off. A hyperlink to the sale clearly shows the sale applies to all available products, further in each one of ...
Theory of Strings 's user avatar
4 votes
1 answer
145 views

Is an LLC with no assets effectively impervious to lawsuits?

For example, a millionaire forms an LLC to sell lemonade on the sidewalk and they put a job posting in the local newspaper where they specified that only a person of a particular ethnicity, marital ...
N00b101's user avatar
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1 vote
2 answers
80 views

Civil liability and replacement values

Meet Bob. Bob's car was destroyed by Alice, thus besides other potential consequences, rendering Alice civilly liable for the value of the car. Suppose that the car was bought on a temporary, time-...
John Jacob Jingle's user avatar
6 votes
3 answers
1k views

Is misrepresentation a tort or a breach?

I am confused by the provisions in tort and contract law for damages in the case of misrepresentation. I am reading specifically in New York law and it seems unambiguous that the only damages allowed ...
Lysander's user avatar
  • 185
3 votes
4 answers
3k views

How far does legal gymnastics go to remove liability?

Suppose a self storage company has a terms of service contract that goes to great lengths with its legalese to nullify any possibility of being held liable for anything, in other words reserve all ...
JosephCorrectEnglishPronouns's user avatar
-3 votes
1 answer
118 views

Even if Plaintiff sues all 3 Defendants, wouldn't D1 and D2's arguments that D3 broke the chain of causation be identical?

I deliberately hedged each defendant's possible negligence. D1 (Defendant 1) might've negligently injured P. P falls to the pavement, and bleeds. D1 panics, and runs away. D1 is a billionaire. ...
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1 vote
1 answer
139 views

If D1 can't sue D2, then wouldn't D1 and D2 argue identically that D3 broke the chain of causation?

I deliberately hedged each defendant's possible negligence. D1 (Defendant 1) might've negligently injured P. P falls to the pavement, and bleeds. D1 panics, and runs away. D1 is a billionaire. ...
user avatar
0 votes
2 answers
107 views

When do judges have the power to create law and has this power been reduced over time?

If there's no known offence either in directly citable case law, or explicitly defined in legislature-ratified statute, then where can a judge gain the power to define a novel offence on which to ...
JosephCorrectEnglishPronouns's user avatar
2 votes
3 answers
619 views

How do common law concepts like torts get named?

For example, some torts have names that aren't used in other contexts in English and appear to have come in from French for their legal usage's purpose. But what is the origin of the name of trover ...
JosephCorrectEnglishPronouns's user avatar
0 votes
1 answer
131 views

How do courts value cars in civil claims?

If a car accident claim was heard in a court via the Money Claims service, and the value of the car was lower than the cost of repair, how would the court determine a suitable level for the ...
User65535's user avatar
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0 votes
1 answer
61 views

In what court would one sue another for assault as trespass to person?

In England and Wales, what court can one use to sue another for assaulting them.
JosephCorrectEnglishPronouns's user avatar
1 vote
1 answer
146 views

Is there civil liability for throwing away someone's property?

Paul rented 123 Main Street. When he moved, Dana moved into 123 Main Street. When she moved in, Dana found a nameplated copy of One Flew Over The Cuckoo's Nest that Paul had left behind. She ...
bdb484's user avatar
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4 votes
3 answers
833 views

What is actually the difference between a *crime* and a *civil wrong*?

I have two questions I'd like some help on, the answers to which potentially depend on each other. The first is a working definition for a civil wrong (as opposed to a crime). The second is whether ...
SalahTheGoat's user avatar
9 votes
1 answer
699 views

What is tort law and how does it differ from civil law?

Is there any difference or overlap between the two? Does one more broadly encompass the other? Are torts defined in statute or do they exist alongside statute in some way more fundamentally and less ...
JosephCorrectEnglishPronouns's user avatar
1 vote
1 answer
76 views

Tort: Parental negligence in leaving a child unattended in a car

A layman, I'm looking at educating myself with the basics of law. Jurisdiction: India Relevant Law: Perhaps None Applicable. I may be wrong. This content I have writes to present a legal principle ...
Everyone's user avatar
  • 377
0 votes
1 answer
131 views

Eggshell skull rule in tort law

In the case Mustapha v Culligan of Canada Ltd., the plaintiff Mustapha had purchased bottled water from Culligan that contained dead flies. This image caused significant psychological harm leading ...
user avatar
16 votes
4 answers
9k views

Can I viably sue for damages caused by bugs in freeware?

Freeware is software released free of charge. Often times freeware is written by a hobbyist or academic who is looking to create a tool for their field, but is either not interested in profit or ...
Daniel Goldman's user avatar
-1 votes
1 answer
150 views

How can Capital & Counties v Hampshire CC [1997] be persuasively distinguished from Kent v Griffiths [2001]?

I don't think they can be distinguished for two reasons. 1. Like the London Ambulance Service in Kent v Griffiths [2001] QB 36, the firefighters in Capital & Counties v Hampshire CC [1997] QB 1004 ...
user avatar
2 votes
2 answers
444 views

Can you sue someone for stealing a slice of pizza?

Can you sue someone for stealing a slice of pizza? (Origin of question... a simple tease that someone took a little too seriously, and now I'm curious.)
user41921's user avatar
0 votes
1 answer
131 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 ...
user avatar
1 vote
0 answers
57 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 ...
kisspuska's user avatar
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1 vote
3 answers
87 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 ...
Libra's user avatar
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0 votes
1 answer
70 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 ...
kisspuska's user avatar
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3 votes
1 answer
161 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 ...
Joshua Frank's user avatar
0 votes
2 answers
492 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 ...
user avatar
1 vote
1 answer
167 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 ...
Jim Grisham's user avatar
0 votes
2 answers
147 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 ...
RBSDCA's user avatar
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