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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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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-...
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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 ...
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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 ...
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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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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.
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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 ...
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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 ...
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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 ...
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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.
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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.)
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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