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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121 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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1answer
142 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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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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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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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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104 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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57 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
51 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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57 views

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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60 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
99 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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387 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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1answer
199 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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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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1answer
141 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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206 views

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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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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3answers
152 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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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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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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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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93 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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121 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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136 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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1answer
156 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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2answers
152 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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1answer
143 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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115 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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39 views

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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42 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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57 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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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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1answer
106 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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1answer
52 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 ...
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199 views

Are there some torts for which the proof is "slam dunk" or close to?

The tort in question is that a driver hit a child while driving. Below are three different cases of this: Example 1: Someone is driving in a residential neighborhood at a "safe" speed of about 10 mph....
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42 views

Going to trial on civil conspiracy claim when underlying tort claim is settled?

If a fraud claim for example is settled against a certain party defendant, can a dependent civil conspiracy claim still stand against another defendant that did not commit the tort but conspired to do ...
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1answer
58 views

What is needed to start discovery on a civil conspiracy claim?

Say that a plaintiff alleges that defendants X and Y have engaged in a civil conspiracy, and wants to subpoena communications between X and Y regarding the plaintiff. If the plaintiff is already ...
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49 views

Damages when third party contractual obligations prevent mitigation

In the SCO v Linux fisco SCO argued: sure, ordinarily we'd mitigate damages by telling the Linux kernel programmers what the infringing code was so the infringing code could be removed, but ...
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110 views

Must one accept an offer to fix a defect before suing for damages

A building contractor was hired to do certain work. The contract stipulated that the contractor would be paid in full once the work is successfully inspected by the city building compliance inspector. ...
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237 views

Prosecution in a case of diplomatic immunity

There's been recent publicity about an American diplomat in Britain responsible for a car accident that killed someone. She claimed diplomatic immunity and left the country. Could the victim's family ...
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What consequence if an attorney loses critical evidence of their client?

Client gives notice to attorney of potential issue. Later, some tangible item such as a document causes emotional distress / mental breakdown of the Client that escalates the issue to a potential tort....