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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64 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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63 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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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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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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How does one prove damages in an emotional distress case when they can't afford treatment?

I was doing some legal research online, and I learned that in emotional distress cases, "...if the defendant's conduct is not so extreme, the plaintiff may need additional evidence that his or ...
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147 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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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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103 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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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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37 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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55 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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Negligence by free, informal mail forwarder

Bob from country X (common law) sells online a rather valuable item. He will not ship outside country X. Alice from country Y (civil law) desperately wants the item. Rob from country X, who shares a ...
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64 views

Personal liability forum shopping: When does US personal liability law apply? When can it's 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, lets assume a manufacturer M that manufactures electronics ...
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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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44 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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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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45 views

How is a bench trial simpler, or less costly than a jury trial?

My understanding is that a bench trial is one in which there is no jury because the judge is allowed to be a finder of fact as well as a finder of law. In a particular tort case, the facts are fairly ...
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144 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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35 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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36 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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43 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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80 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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216 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....
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93 views

If a homeowner's liability from an insurance claim exceeds total coverage, can a court order that the payout all go to satisfying the liability?

Here is an extreme, hypothetical scenario that will hopefully explain what I mean by my question: Let’s say a court finds that Bob’s negligence somehow caused an explosion that destroyed Bob’s house ...
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What is strict liability (US)?

What is strict liability in US law? Is it really possible for a person to be held liable who did not intend to do harm or violate a law, and who was not negligent? (This question is in response to ...
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455 views

Could non-smokers successfully sue smokers?

I regularly see civil cases where, when one person is harmed, either directly or indirectly by another (for example, builders putting asbestos in a house, lead in pipes, etc), they are able to bring a ...
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74 views

What is the company structure that will effectively limit liability to the parent company, and not any of it's subdivisions?

I'm exploring different kinds of corporate structures. I'm in a unique situation where I have a very specialized construction industry but can operate under the blanket term "General contracting". ...
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255 views

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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115 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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338 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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135 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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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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39 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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377 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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248 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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86 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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113 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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628 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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15k views

Is it illegal to throw water or soda on people?

Yesterday, some guy took a diner's soda and threw it on him for wearing a political hat. Is that considered a crime, or is it ok to throw liquids on people? I know that protesters used to throw pies ...
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284 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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158 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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165 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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429 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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265 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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123 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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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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367 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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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 ...