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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21
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2answers
17k views

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 ...
19
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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 ...
16
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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 ...
9
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1answer
4k 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 ...
7
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2answers
316 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. ...
6
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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 ...
5
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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 ...
5
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1answer
456 views

Is it illegal to spray weeds on another person's land without permission, and thus to harm animals?

I am in England. I rent a field off an elderly friend who can no longer tend it. I use it as grazing for 2 horses. A local farmer who is clearly obsessed by weeds is regularly going round the local ...
4
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3answers
5k views

Is unwanted touching ever legal?

As a general matter, unwanted touching of one person by another is not lawful. But is there ever an exception? For example, when limited available space requires it. Like, for example: In a crowded ...
4
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2answers
356 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 ...
4
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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 ...
4
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1answer
118 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 ...
3
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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 ...
3
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2answers
476 views

Am I experiencing an anti-trust violation?

Google, Apple et al were fined $430 million dollars recently for, among other things, agreeing not to poach each other's employees. One illegal thing that happened: an internal recruiter was fired for ...
3
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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 ...
3
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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 ...
2
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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 (...
2
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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 ...
2
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3answers
122 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 ...
2
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2answers
446 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 ...
2
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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 ...
2
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1answer
161 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 ...
2
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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.
2
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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 ...
2
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1answer
170 views

Could Thompson v Spedding [1973] apply in this situation?

Situation: Car A is tailgating Car B. Additionally Car A driver is operating a mobile phone while driving. Car B driver is driving carefully and well within the speed limit. Suddenly a person C ...
2
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1answer
48 views

Actionability of web site terms of service

How actionable is a violation of a website term of service, like for example, YouTube's clause 4C which reads: You agree not to access Content through any technology or means other than the video ...
2
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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 ...
2
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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 ...
2
votes
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 ...
1
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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....
1
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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 ...
1
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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, ...
1
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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 ...
1
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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 ...
1
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1answer
397 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 ...
1
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1answer
70 views

Which insurer is liable for a peril than spans two policy periods

Consider the following hypothetical scenario - A homeowner has decided to switch insurers from Gecko to NoState, the old Gecko policy ends at 12:01am on January 1st, and the new NoState policy starts ...
1
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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 ...
1
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1answer
65 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 ...
1
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1answer
147 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 ...
1
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1answer
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 ...
1
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2answers
387 views

Public school liability for slip and fall injury? [closed]

If someone slips and falls on a patch of ice in a public school parking lot, and: The victim is not a student The victim was expected to be on the school grounds (i.e. not a "surprise visit" or a "...
1
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2answers
529 views

Increase in civil award damages in 1980s?

It seems that there was a large increase in civil awards around 1980. Piper Aircraft went bankrupt in 1991 after a decade of fighting lawsuits. In 1975, there were 20 makers of football helmets. By ...
1
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1answer
500 views

Pros and cons of binding arbitration vs. court of law?

Some websites specify in their terms of service that disputes shall be resolved by binding arbitration rather than by going to court. What is the pros and cons of specifying binding arbitration vis-a-...
1
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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 ...
1
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1answer
265 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 ...
1
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1answer
166 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 ...
1
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1answer
218 views

What are the rules surrounding the communication of religious rites via voice amplification in England?

Is it legal in England to use voice amplification to communicate (without specific notification) religious rites (on a day significant to that group) such that it is audible to hundreds of domestic ...
1
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1answer
139 views

Why would I be subject to liability for negligently poking a person's eye out?

According to Restatement of Torts, Second (I've only scratched the surface), to be liable for battery, the actor must have an intent, though the intent might not have been to bring about the specific ...
1
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2answers
90 views

Would the following constitute either “publication of private facts or copyright infringement?”

X sent an email to about 20 people with a statement about me that was false, (and arguably defamatory). The email claimed that I should not be one of them (I'm paraphrasing), because I was not a ...
1
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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 ...