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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5answers
293 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
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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1answer
170 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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2answers
103 views

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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3answers
504 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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7answers
9k views

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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2answers
179 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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1answer
73 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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2answers
5k views

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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3answers
405 views

Sue a university for armed robbery

My friend was robbed the other day on university campus at night. He lost his laptop and his mobile phone. So, all of his work is now gone. He is having a mental breakdown at the moment. So, I want ...
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2answers
203 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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1answer
42 views

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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2answers
55 views

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
145 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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2answers
119 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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2answers
125 views

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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2answers
143 views

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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1answer
36 views

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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1answer
87 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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2answers
128 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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0answers
80 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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0answers
73 views

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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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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3answers
490 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 ...
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1answer
96 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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4answers
109 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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33 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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1answer
34 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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41 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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1answer
56 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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34 views

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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1answer
99 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
47 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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2answers
158 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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1answer
54 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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1answer
90 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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1answer
39 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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2answers
549 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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1answer
48 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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2answers
48 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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3answers
95 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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1answer
19k 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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2answers
233 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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2answers
452 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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0answers
49 views

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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3answers
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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2answers
820 views

Is it illegal in any way to solicit reviews?

Eg. companies that say "Go leave us a good review on Glassdoor." Or businesses that pay customers to leave good Yelp reviews. Or that pressure employees to get their friends to leave good Yelp reviews....
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3answers
1k views

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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2answers
269 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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1answer
186 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 ...