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Use this for questions where the award of damages, or its possibility, is involved.

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There are multiple forms of liability for defective products. One form of liability is warranty liability, which arises from an express or implied contract with a purchaser of the product and only … applied to parties to the contract. Usually, the only way you could be sued for breach of warranty liability is by the company that employed you for breaching your contract with them, and only …
answered Sep 15 '17 by ohwilleke
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publicly held corporation that never actually pays any dividends - i.e. only those that are inherent in any kind of property ownership. There Would Be No Criminal Or Tort Liability If by "can I get in … term "punished" you are thinking about criminal or tort liability. If, by "legal trouble", you mean can you have criminal liability or civil liability for wrongdoing in tort (i.e. for a civil wrong …
answered Mar 9 '17 by ohwilleke
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rarely done, but ultimately Bob owes duties to Acme which he violated which probably give rise to liability, although proving that and collecting the judgment would both be difficult. If Bob had … describe sound more like a breach of contract than they do like a tort, so Bob would probably not have any personal liability to Client C. Could Bob or Acme (or both) face any criminal liability
answered Mar 30 '17 by ohwilleke
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In Colorado, at least, you might very well have strict liability for his injuries under worker's compensation principles for someone who does not have a worker's compensation policy in place, even if … he was not compensated monetarily. Many other U.S. states would have similar rules, although others would analyze this on negligence principles applicable to a licensee under a premises liability
answered Jun 25 '18 by ohwilleke
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normally interpreted against the drafter. They would only have liability to you for losing your data if they made some sort of promise that created an obligation on their part to not lose your data … , which Evil Corp. probably didn't do. Indeed, there is probably another paragraph in the contract or ToS that expressly disclaims all liability for lost data. …
answered May 17 '18 by ohwilleke
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there is a valid legal basis for imposing civil liability under the circumstances in a lawsuit against X. To answer the latter question, the first question that needs to be considered is would be who … for even simple negligence absent a contractual waiver of liability by the third-party, assuming that the third-party were able to learn which employee was at fault. In many cases, however, there would …
answered Oct 2 by ohwilleke
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Superficially, they seem equivalent, but in the absence of a specific factual context it is hard to know. For example, suppose that the contract language above replaces similar language in a previous …
answered Nov 12 '18 by ohwilleke
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A release from liability for negligence is generally enforceable. A release from liability for intentional acts is generally not enforceable. Note also, that at a sufficiently high percentage risk … (e.g. 99%), describing the source of the liability as negligence rather than an intentional act is, as a practical matter, no longer viable with respect to any party who is in any respect the cause of the injuries. Where that threshold lies would have to be determined on a case by case basis. …
answered Mar 25 by ohwilleke
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Generally speaking, taking an action which causes someone to commit suicide does not give rise to civil or criminal liability unless it was intended to cause someone's death. For example, in … death of another. There is generally no criminal liability for recklessly or negligently causing a suicide, nor is there civil liability for doing so, although in a civil lawsuit, one can be sued for …
answered Apr 8 '17 by ohwilleke
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In most jurisdictions of which I am aware, there is no such distinction. For example, Colorado's jury instructions makes no such distinction, and the distinction you suggest is not one identified in …
answered Jul 11 '18 by ohwilleke
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The Model Rules of Professional Conduct for lawyers that are adopted in some modified form in every U.S. state, expressly provide that they are not a basis for liability in and of themselves and do …
answered Aug 21 by ohwilleke
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The phase "after signing" is ambiguous. I assume that you mean "after closing" (i.e. after transferring title to the house and paying the purchase price). Generally, they are correct. Unless (1) the …
answered Nov 13 '17 by ohwilleke
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Who Is On The Risk? This depends upon the language of the respective Gecko and NoState policies, the liability of each insurer is determined independently, and it is possible that neither, one or … insurance claim caused by the tortious fault of another (e.g. Samsing, if its product was defective in a manner sufficient to give rise to legal liability) has a right to sue the party at fault for …
answered Jan 27 '17 by ohwilleke
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which is a specialized area of tort law that varies significantly from state to state. It is likely that there is liability under a governmental waiver of the default rule of sovereign immunity in a … Liability". ORS § 2744.02(B)(4) states (in the pertinent part) that: [P]olitical subdivisions are liable for injury, death, or loss to person or property that is caused by the negligence of …
answered May 9 '17 by ohwilleke
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I intend to close on the house as I've already signed all the loan paper work, but is there anything that can be done about a Realtor that breaks contract? You have probably waived your claim …
answered Nov 6 '17 by ohwilleke

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