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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88 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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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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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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138 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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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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40 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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73 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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207 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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328 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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69 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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240 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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105 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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287 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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127 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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37 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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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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345 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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230 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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74 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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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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590 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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9k 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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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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154 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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157 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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424 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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173 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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103 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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331 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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56 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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5k 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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126 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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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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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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62 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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195 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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389 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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134 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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3k 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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784 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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589 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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1k 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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965 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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374 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 ...