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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What is an employee's liability for defective work?
Employee E works as part of a development team for company C, which has a contract with customer F. Suppose that F is dissatisfied with the work product that C submits. Under what circumstances would ...
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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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Can I be sued for defamation where the subject of the defamation became provable after the alleged defamation?
Suppose I write in a public Facebook post that Joe the Roofer is a liar and a dishonest person. My post causes Joe to lose customers and his revenue decreases.
Joe sues me for defamation.
Shortly ...
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Case Where Court Found Exception to Judicial Absolute Immunity Preferably From USDC for the Southern District TX Houston Division
Is there a case where any court found that a judge's actions amounted to an exception to judicial absolute immunity?
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Is it legal for a bank to trap you in an ATM vestibule?
In an episode of Friends, Chandler is in an ATM vestibule when a power blackout happens. The door to the vestibule automatically locks and he (and a supermodel) are trapped inside until the power ...
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What are the most prominent differences among the common law systems of the different states in the U.S.A.?
I (tentatively?) understand that the law of contracts, the law of torts, the law of property, and (probably?) some other areas of law in the U.S.A. are mostly the common law of the separate states.
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Can damages ever/typically be assessed for unrealised, yet wrongfully-inflicted risks?
Alicia and Bob live together as a happy couple, until one night they break up and Alice throws all of Bob’s stuff onto the curb while he is still out. He comes back to find it all there, but she didn’...
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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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What are the consequences for a family fight in the US?
If a mother (senior) first tries to slap her daughter (30+ yrs old), but the mother missed, and then the daughter grabs the clothes her mom is wearing, and slams her mother against the wall, what kind ...
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Why - and when - are some torts actionable per se (vs needing to demonstrate actual damages)? [duplicate]
According to this article:
Trespass to land occurs where a person directly enters upon another's land without permission, or remains upon the land, or places or projects. This tort is actionable per ...
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How does direct action result in a civil claims?
Greenpeace has been involved in direct action from around or before it was officially founded in 1969 - 71. Before this month I have not heard of civil cases being brought against them. Earlier this ...
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Implications of subversive harassment [closed]
What are the implications of causing someone distress in some subversive fasion to the extent that they quit their job, get a divorce, run away, leave my establishment, or begin to cause defimation?
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A car catches fire in a carpark. The resulting fire spreads destroying the entire carpark. Who is liable?
A car catches fire in a multi-story carpark. The fire spreads quickly from the car, igniting nearby vehicles, leading to a raging inferno that causes the collapse of the carpark. All the cars parked ...
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Do you owe any duty of care to law enforcement carrying out a search?
There are various circumstances where law enforcement can legally carry out a search of an individual or their property. Are there situations where the person being searched has a responsibility to ...
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Civil liability for criminal punishment
Eve, as a practical joke, asks Mark to go to a place she describes as a “public park” to fetch a hat she had supposedly left behind. Unbeknownst to Mark (but beknownst to Eve) the area is actually an ...
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Is one witness all that's needed to prove a civil case?
So a couple of weeks ago I parked at my apartment building and when I came back to my car the following day, I found a note that I had hit the car beside me when I parked and that the other party had ...
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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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Can a bank sue someone that disseminates information that starts a bank run that destroys the bank?
Specifically, could Silicon Valley Bank sue the Founders Fund and other VCs that had companies they invested in withdraw their funds?
Has any bank ever successfully done this?
To clarify, I'm not ...
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When does s3(1) of the Defamation Act *not* apply in malicious falesehood cases?
To successfully bring a claim for maliicous falsehood in the UK, one has to show that one has suffered "special damages", which are actual damages suffered as a direct consequence of a ...
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Are attorneys legally or ethically bound to share evidence in civil cases before complaints are filed?
Are attorneys legally or ethically bound to share evidence or discovery materials in civil matters before actual complaints are filed?
Let's say Person A (a non-public figure) suspects Person B (a non-...
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Do the elements for bystander IIED include defendant knowing the bystander both was present and related to the victim?
I am studying for the bar exam (United States). I have encountered two different versions of the elements for bystander Intentional Infliction of Emotional Distress (IIED). I am not sure which is ...
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Civil liability and replacement values
Meet Bob. Bob's car was destroyed by Alice, thus besides other potential consequences, rendering Alice civilly liable for the value of the car.
Suppose that the car was bought on a temporary, time-...
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Do reward-seekers have a duty to minimize loss or harm to a third party?
Alice repeatedly commits some tortious act against Bob (say, defamation, or copyright infringement, or breach of contract). Under the principle of mitigation, Bob must take reasonable action to ...
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Bait and switch - written vs oral obligation
A company is advertising a sale stating that I will receive a discount site wide for 50% off. A hyperlink to the sale clearly shows the sale applies to all available products, further in each one of ...
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What legal relief is available when a neighbour uses my address as his own for communication without written consent from me?
A property, say plot no.31, was sub-divided into two parts. After subdivision the plot number on record for the newly created subdivision was, say, 31-A; the original plot number remained 31.
The ...
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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 ...
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April Fools Day, Journalism, Liability, and Tort law. (U.S.)
If a company or journalist known for publishing non-satirical news was to stray from their normal reporting on April fools day, and publish something like;
"Amazon hit with ransomware, customer ...
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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 ...
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Are there any crimes or civil wrongs in disingenuously wasting another’s time?
Suppose that one phones you and states that they have a Nigerian princes inheritance which they would like to arrange to send to you.
Or that they would like to donate some money to your organisation ...
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What were the main factors prompting the abolition of heart balm torts?
What were the driving forces that led to it, what were the mechanisms that enacted it, and what were the stated rationales for it?
Adultery is still recognised as a fault factor in divorce that ...
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How far does legal gymnastics go to remove liability?
Suppose a self storage company has a terms of service contract that goes to great lengths with its legalese to nullify any possibility of being held liable for anything, in other words reserve all ...
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APA vs. tort comparison
Any suggestions on where to find a detailed side-by-side comparison of the Administrative Procedures Act use versus the use of tort law for federal agency cases? Thanks for suggestions.
Searching on ...
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Strict liabilty
In a Civil Law legal system there is a distinction made.
Proper Strict Liability which is plainly Strict Liability as used in the English Language (guiltless liability/ liability regardless of guilt ...
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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 ...
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What is the duty of a medical office to properly bill one's insurance? (USA)
In the US, it is typical for patients to sign contracts with a medical office assigning whatever benefits are applicable from their health insurance to the doctor's office and leaving the patient ...
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Is an LLC with no assets effectively impervious to lawsuits?
For example, a millionaire forms an LLC to sell lemonade on the sidewalk and they put a job posting in the local newspaper where they specified that only a person of a particular ethnicity, marital ...
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Is misrepresentation a tort or a breach?
I am confused by the provisions in tort and contract law for damages in the case of misrepresentation. I am reading specifically in New York law and it seems unambiguous that the only damages allowed ...
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If D1 can't sue D2, then wouldn't D1 and D2 argue identically that D3 broke the chain of causation?
I deliberately hedged each defendant's possible negligence.
D1 (Defendant 1) might've negligently injured P. P falls to the pavement, and bleeds. D1 panics, and runs away. D1 is a billionaire.
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What is actually the difference between a *crime* and a *civil wrong*?
I have two questions I'd like some help on, the answers to which potentially depend on each other.
The first is a working definition for a civil wrong (as opposed to a crime). The second is whether ...
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If a tort occurs over social media, does the Plaintiff's state have personal jurisdiction over the defendant?
Say person A lives in one state, and person B was harassing them on social media. Person A wants to sue for both libel and intentional infliction of emotional distress. Would the harassment (B making ...
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How has the “but for” test proven inadequate where two defendants jointly cause an injury that would have occurred even if only one of them had acted?
Source: p 200, Thinking Like a Lawyer: An Introduction to Legal Reasoning (2010, 2 ed) by Kenneth J. Vandevelde
This “but for” test has proved inadequate where two defendants jointly
cause an ...
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Even if Plaintiff sues all 3 Defendants, wouldn't D1 and D2's arguments that D3 broke the chain of causation be identical?
I deliberately hedged each defendant's possible negligence.
D1 (Defendant 1) might've negligently injured P. P falls to the pavement, and bleeds. D1 panics, and runs away. D1 is a billionaire.
...
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When do judges have the power to create law and has this power been reduced over time?
If there's no known offence either in directly citable case law, or explicitly defined in legislature-ratified statute, then where can a judge gain the power to define a novel offence on which to ...
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How do common law concepts like torts get named?
For example, some torts have names that aren't used in other contexts in English and appear to have come in from French for their legal usage's purpose. But what is the origin of the name of trover ...
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How do courts value cars in civil claims?
If a car accident claim was heard in a court via the Money Claims service, and the value of the car was lower than the cost of repair, how would the court determine a suitable level for the ...
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Is there civil liability for throwing away someone's property?
Paul rented 123 Main Street. When he moved, Dana moved into 123 Main Street.
When she moved in, Dana found a nameplated copy of One Flew Over The Cuckoo's Nest that Paul had left behind. She ...
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In what court would one sue another for assault as trespass to person?
In England and Wales, what court can one use to sue another for assaulting them.
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What is tort law and how does it differ from civil law?
Is there any difference or overlap between the two? Does one more broadly encompass the other?
Are torts defined in statute or do they exist alongside statute in some way more fundamentally and less ...
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Tort: Parental negligence in leaving a child unattended in a car
A layman, I'm looking at educating myself with the basics of law.
Jurisdiction: India
Relevant Law: Perhaps None Applicable. I may be wrong.
This content I have writes to present a legal principle ...
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Can I viably sue for damages caused by bugs in freeware?
Freeware is software released free of charge. Often times freeware is written by a hobbyist or academic who is looking to create a tool for their field, but is either not interested in profit or ...
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