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regarding the losses (and the calculation thereof) suffered by a victim of a tortious action or omission

-2
votes
damages payable are reduced in proportion to which the shopkeeper was negligent in the display and supervision of their goods. The consumer can usually rely on any WHS laws as a baseline here - if the …
answered Aug 21 '16 by Dale M
1
vote
Yes, you could sue for breach of contract and/or negligent misstatement.
answered Dec 4 '15 by Dale M
4
votes
Maybe, but it is not an easy thing to do. See MARSH v BAXTER [2014] WASC 187. To be successful the plaintiff would need to prove a failure to observe a duty of care (which would be difficult if regula …
answered Jul 8 '16 by Dale M
2
votes
Matt would be able to sue for his losses. This would include any costs that he has incurred that cannot be recovered and his expected profit on the job. Alternatively, he could seek an order for spec …
answered Apr 25 '18 by Dale M
1
vote
You cannot claim damages because the government has sovereign immunity for functions performed as a government. That is, it can only be sued when it agrees to be sued. Notwithstanding, even if the …
answered Jun 28 '16 by Dale M
2
votes
The person with a mental health condition is as liable as the person without all else being equal. The standard in common law (and civil law) systems is the reasonable person test - what would a reas …
answered Oct 10 '17 by Dale M
1
vote
Pardon the pun, but you must be joking. There is no possibility that a lawsuit based on someone following obviously self-destructive advice on an obviously humorous website would succeed.
answered Aug 19 '15 by Dale M
1
vote
It depends what the terms of your lease and the insurance policy are. In general, most leases do not oblige the landlord to pay for temporary accommodation if the property is unusable (other than thr …
answered Sep 13 '15 by Dale M
1
vote
Bob doesn’t When Bob paid for the app he used an online store like Apple or used a credit card. If the former, Bob asks for a refund from the store who will almost certainly give it. If the latter, h …
answered Apr 6 by Dale M
2
votes
No, you cannot sue When you signed up to Uber you agreed to their Terms and Conditions. In Section 6, you agreed that disputes should be settled first by Mediation and, if that fails, by binding Arbi …
answered May 14 by Dale M
3
votes
Common law countries (like the USA) recognise the concept of punitive damages for torts. Civil law countries (like Europe) don't. …
answered Aug 19 '16 by Dale M
1
vote
You cannot sue until the event that you foresee has actually happened. You can, however, seek an injunction from the court prohibiting the action of the other party that you foresee. That person can s …
answered Apr 10 '16 by Dale M
0
votes
"confidential". Even if these were confidential you are only entitled to damages. So, what damage have you suffered? At law, hurt feelings and wounded social standing are not "damages" - you have to be …
answered Dec 19 '18 by Dale M
1
vote
You, personally, are responsible for all of the damage. If you have insurance, then your insurance company will indemnify you up to the limit of the policy and you will remain liable for the rest. For …
answered Feb 8 by Dale M
1
vote
I can't speak for Montreal but, in general, public policy doesn't allow other people to be forced to pay your fines. The building owner was accused, pleaded guilty (implicitly by paying the fine) and …
answered Jul 19 '16 by Dale M

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