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Questions tagged [tort]

A tort is a civil wrong that does not rise to the level of a criminal act.

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Exemplary (punitive) damages vs. recovery of attorney’s fees: Is one a subset of the other?

I’m a little unclear about exemplary damages vs. recovery of attorney’s fees. Is one a subset of the other? In other words, could exemplary damages due to actual malice be used to recover ...
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1answer
68 views

Consent to illegal activity

In tort law there is a SPLIT amongst jurisdictions regarding whether someone may consent to an illegal activity. Some say consent is not valid (meaning plaintiff can recover) Some say consent is ...
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120 views

Excuse in Negligence Per Se: why bother with excuses?

When it comes to deciding what kind of weight excuse should have in negligence-per-se cases there is a 3 way split of authority. AUTHORITY 1: Duty and breach are conclusively presumed or established ...
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46 views

Negligence: Common Law Duty of Care

What does common law duty of care refer to? My gut tells me it is just another way of referring to the reasonable/prudent person test but I am not sure.
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34 views

Trespass to Chattel: possessor suing for bodily harm

X performs trespass to Y's chattel. X endures bodily harm as a result of possessing Y's chattel. Can X recover for bodily harm? My goal is to know whether there are any scenarios that fall within the ...
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34 views

How words affect apprehension in assault

Assault has four elements: intent apprehension causation damages To meet the apprehension requirement there must be a reasonable belief or awareness of imminent harmful or offensive contact that ...
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56 views

Intentional Torts: dual vs single intent

There is a split of authority amongst states regarding whether the plaintiff must have dual intent or single intent in order to have intent for an intentional tort. However, my textbook is not clear ...
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2answers
112 views

Is Intentional Immaterial Fraud Legal?

Normally, an element of the tort of fraudulent misrepresentation, the tort of negligent misrepresentation, statutory securities fraud offenses, and a criminal fraud offense based upon a ...
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1answer
50 views

Confused on superseding causes and foreseeability

Let's say I went for a swim and got all wet. Then, I decided to buy something in a vending machine and I got electrified (due to a wiring issue) and it affected my health negatively. Could I sue the ...
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52 views

Can someone collect damages without providing receipts?

This question could apply to any part of the United States, but particularly to California, which is unusually consumer friendly. Suppose I am involved in minor car accident (basically a fender ...
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1answer
81 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 ...
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3answers
209 views

Terms for torts committed under theory of promissory estoppel?

The promissory estoppel doctrine allows an injured party to recover on a promise upon which he relied, and then suffered a loss as a result. ... All that must be proven is that a promise was made, and ...
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166 views

Can I disclose terms of a settlement when I don't accept it?

I've been involved in a Mass Tort lawsuit against a drug company for several years. Recently, a confidential settlement agreement was reached between the law firm representing me and the drug company. ...
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1answer
93 views

Is a fraudster liable for losses in this situation?

The usual rule of law is that a fraudster is liable for all losses/restitution, due to their fraud, whether or not reasonably foreseeable. Suppose a fraudster's deception causes a person to take a ...
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1answer
114 views

Rape/Sexual assault: Any tort laws apply? (US)

The statistics for how rare convictions are in rape cases are well known, due to the high burden of proof in something that often differs from something completely legal only by the giving or denying ...
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2answers
165 views

Why are 'material contribution' vs 'proximate causation' separate tests?

Source: Introduction to Law in Canada (2014). pp. 252 Bottom - 253 Top. The Elements of a Negligence Claim The required elements of a negligence claim have been variously named, described, ...
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1answer
99 views

Hot water has been stolen, what to do now?

US, Arizona, if the city is important I will post but would rather not at this time. My dad moved into a condo some months back. For some reason he thought the upstairs neighbor might be plugged into ...
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2answers
56 views

How can an objective standard be subjectively applied?

Source: Canadian Tort Law in a Nutshell, 4 ed. p. 66 Bottom  Not every error made by a professional, amounts to negligence. The law does distinguish between incompetence and mere "errors in ...
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2answers
11k views

Someone has a video of me doing drugs. Is there legal protection against its release?

It's a bit like slander, except there is no false information. I wanted to Google whatever this may be called to see what my options are if this video is ever released. I'm stumped as to what to ...
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1answer
205 views

Why can some states choose to reject the Attractive Nuisance Doctrine?

In the United States, the US Supreme Court established the Turntable Doctrine, in R.R. Co. v. Stout, 84 U.S. 657. As I understand it, In general, if a person is injured while trespassing on someone’s ...
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1answer
45 views

Is there recourse for damages due to merchant reselling item after taking payment but before delivery?

We purchased a door at Home Depot. It was a display model, and therefore sold at a significantly reduced price. We also purchased installation service, and therefore left the door at the store so ...
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1answer
2k views

Differences between Detinue, Conversion, and Trespass to Chattel in U.S. law

In U.S. law do practical distinctions exist between the torts of detinue, conversion (by detention), and trespass to chattels? In particular, is it conceivable that each of those torts could be named ...
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1answer
88 views

Under English law, if someone's lawyer sends you a letter “not for publication” is it a tort to publish it?

If in the English jurisdiction a lawyer instructed by another party sends you a letter marked "not for publication", are you committing a tort or other wrong if you publish it without their consent? ...
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1answer
47 views

Does this description warrant the tort of deceit?

Hello I am concerned someone online has recently used Reddit to offer someone £180 through Paypal for £200 of Amazon gift card codes with the intention of not giving him the £180. The Person with the £...
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0answers
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Does an insurance agent have a “Duty of Care”?

An insurance agent recommended a property insurance policy to a client in Washington State that later turned out to be grossly inadequate (coverage limits too small), and significantly outside of ...
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1answer
50 views

Liability. Drug use

X sells Y unlawful narcotics which are so powerful that it can cause severe coughing and cold-like symptoms., The danger is that the narcotics when combined with even a small amount of alcohol can ...
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1answer
153 views

What would be the fastest way to sue someone in a traffic accident? Post Accident Legal Strategies

(In America), when there is a traffic accident, it is generally a civil matter that can be resolved between the parties. Several courses of action are available to the parties to resolve the dispute ...
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1answer
159 views

Real estate agent tort

Suppose I sign a lease for an apartment and also pay the agent who showed me the apartment the fee they require. I ask the agent if I can move in a day early and she gives me the phone number of the ...
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1answer
100 views

What types of recourse do I have against people who contact my employers about thing I have of Facebook?

I made a factual statement about mathematics on Facebook. A group of people took exception to what I said and decided that they would contact my employer because they thought it made me unfit to be a ...
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1answer
2k views

Exploiting online video games illegal, a tort, or allowable under the law?

Recently a news story came out about "Manfred", a hacker who makes a living exploiting bugs in online video games to make in-game currency (or items) which he then sells to other gamers. Here is a ...
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2answers
303 views

What legal consequences could an employee face who sabotages a company website?

A disgruntled employee who left our company a few weeks ago linked an external file that edits the DOM of our website for people who are not logged in and not on our IP Address (which prevented us ...
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2answers
245 views

Is loss of time a damage? - Tort Law

I would like to know whether the opportunity cost of one's time being wasted can in any circumstances be considered a legal damage. For instance, perhaps if you pay someone to provide a service, and ...
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1answer
701 views

Civil Prosecution for theft

I stole $50,000 from my employer over a 14 month period. They found out and terminated me. I scraped together $50,000 and gave them a cashier's check today. I was told by someone in the company ...
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2answers
645 views

Refund after robbery in a bank

If a bank happens to be robbed just after I withdraw money from my account, and the robbers make me hand over my money to them, am I entitled to refund from the bank? I know it may depend on the ...
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2answers
310 views

Does LLC protect from personal lawsuit

I am looking on taking my first job as a freelance developer and the project involves ecommerce. We are starting to get to the contract talks and I wanted to make sure if anything goes horrible wrong ...
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1answer
188 views

What are the rules surrounding the communication of religious rites via voice amplification in England?

Is it legal in England to use voice amplification to communicate (without specific notification) religious rites (on a day significant to that group) such that it is audible to hundreds of domestic ...
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1answer
154 views

Defective puppy from a state without a Puppy Lemon Law?

I recently bought a purebred puppy from a seemingly reputable breeder* in West Virginia. Five days after bringing it home (to PA), it had a seizure. It has had three more in the three weeks I've had ...
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2answers
224 views

Am I experiencing an anti-trust violation?

Google, Apple et al were fined $430 million dollars recently for, among other things, agreeing not to poach each other's employees. One illegal thing that happened: an internal recruiter was fired for ...
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2answers
242 views

Public school liability for slip and fall injury? [closed]

If someone slips and falls on a patch of ice in a public school parking lot, and: The victim is not a student The victim was expected to be on the school grounds (i.e. not a "surprise visit" or a "...
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2answers
330 views

Why would a business accept an open ended indemnity clause?

A government contractor wants to place a blanket PO to our small business but has this open-ended indemnity clause: The Subcontractor agrees to indemnify and hold harmless [the contractor] and the ...
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4answers
239 views

Legal remedies if an employee forges my name

I am considering putting a boat out for charter and this may require employing a master to run the boat. Typically a ship master will enter their days underway in a nautical log. These logs are ...
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2answers
1k views

Exceptions to vicarious liability

I know that the employer of an independent contractor cannot be held liable for negligence of the contractor under vicarious liability, but are there any other such situations where the employer would ...
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1answer
131 views

Could Thompson v Spedding [1973] apply in this situation?

Situation: Car A is tailgating Car B. Additionally Car A driver is operating a mobile phone while driving. Car B driver is driving carefully and well within the speed limit. Suddenly a person C ...
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2answers
230 views

Can the “agent's immunity rule” apply to individual principals too?

Under the agent's immunity rule, an agent is not liable for conspiring with the principal when the agent is acting in an official capacity on behalf of the principal. (Applied Equipment Corp. v. ...
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2answers
214 views

Increase in civil award damages in 1980s?

It seems that there was a large increase in civil awards around 1980. Piper Aircraft went bankrupt in 1991 after a decade of fighting lawsuits. In 1975, there were 20 makers of football helmets. By ...
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3answers
290 views

How could accusations of defamation themselves be defamatory?

I was reading a helpful document on defamation in Scots law and it includes this: Further, it is important to remember that to accuse someone of making defamatory comments may, of itself, be ...
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1answer
59 views

Which insurer is liable for a peril than spans two policy periods

Consider the following hypothetical scenario - A homeowner has decided to switch insurers from Gecko to NoState, the old Gecko policy ends at 12:01am on January 1st, and the new NoState policy starts ...
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1answer
339 views

Pros and cons of binding arbitration vs. court of law?

Some websites specify in their terms of service that disputes shall be resolved by binding arbitration rather than by going to court. What is the pros and cons of specifying binding arbitration vis-a-...
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1answer
30 views

Actionability of web site terms of service

How actionable is a violation of a website term of service, like for example, YouTube's clause 4C which reads: You agree not to access Content through any technology or means other than the video ...
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2answers
237 views

Do insurance companies have legal obligations to help their clients?

I was t-boned in a parking lot in Utah. I have Allstate insurance. The police came and gathered insurance information from both parties and gave each of us copies. I believe they later made a ...