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.

Filter by
Sorted by
Tagged with
3 votes
2 answers
416 views

Is there liability for pure accidents?

I am trying to determine the principled limits, if any, on when a person may be held financially liable for damage to another ("the victim"). I'm specifically interested in the case when damage is not ...
user avatar
  • 165k
12 votes
2 answers
1k views

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 ...
user avatar
5 votes
5 answers
498 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 ...
user avatar
2 votes
2 answers
471 views

Can results from a criminal conviction be transplanted into a corresponding civil case?

There is some overlap between crimes and torts, for example deliberately smacking a person in the head is the crime of battery and the tort of battery. If a person deliberately smacks another in the ...
user avatar
  • 165k
2 votes
3 answers
2k 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 ...
user avatar
  • 97.2k
2 votes
1 answer
76 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 ...
user avatar
1 vote
1 answer
481 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 ...
user avatar
1 vote
2 answers
137 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 ...
user avatar
  • 1,451
0 votes
3 answers
711 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 ...
user avatar
  • 20k
0 votes
1 answer
7k 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 ...
user avatar
  • 20k
0 votes
0 answers
64 views

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 ...
user avatar