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22 votes

Does a purely accidental act preclude civil liability for its resulting damages?

In Common Law Countries In common law countries, Dale M. is right (the vast majority of the time). Without negligence there is usually no liability for damage to property in an accident. The general ...
ohwilleke's user avatar
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16 votes
Accepted

Does a purely accidental act preclude civil liability for its resulting damages?

This is a rule, indeed a common law expression, about a "pure accident without negligence on the part of" a person, dating back in England to at least 1863; in the US found in Culbert v. ...
user6726's user avatar
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14 votes

Is it possible for a court to adjust damages awards upward beyond what is asked for?

I don't know of any cases where a court has done this, but the law would permit it in an appropriate circumstance. Under Fed. R. Civ. P. 54(c) federal courts in the united-states may grant relief ...
bdb484's user avatar
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11 votes

Is it possible for a court to adjust damages awards upward beyond what is asked for?

united-states Yes, it is possible for the jury to award more than is asked for, whether it was one dollar or another value. In fact, in Bollea v. Gawker, the plaintiff asked for $100 million. The ...
Mary's user avatar
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11 votes

Is it possible for a court to adjust damages awards upward beyond what is asked for?

In france, the court is bound by the parties’ claims. See articles 4 and 5 du code de procédure civile: L'objet du litige est déterminé par les prétentions respectives des parties. (...) Le juge doit ...
KFK's user avatar
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10 votes

Does a purely accidental act preclude civil liability for its resulting damages?

I'm in germany. If this were true in general, there wouldn't be any need for liability insurances to cover exactly these cases that ohwilleke describes as "shit happens", i.e. where the ...
cbeleites unhappy with SX's user avatar
5 votes

Spending overpaid stipend instalments

ontario Overpayments from the Student Assistance Program are recoverable by the government. The Social Benefits Tribunal, however, has discretion to vary or defer the amount recoverable. Typically ...
Jen's user avatar
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4 votes

Is it possible for a court to adjust damages awards upward beyond what is asked for?

Typically, a Prayer for Relief (the part of the lawsuit documents that includes the listed Relief) will request "Any other damages as the court sees fit" which allows for this. To my ...
hszmv's user avatar
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4 votes

Can I make an auto shop pay for oil damage from a defective oil filter?

You can sue the shop for defective installation, or you can sue the manufacturer for a defective part. You will have to prove that it is the fault of the person that you are suing, so the shop will ...
user6726's user avatar
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4 votes

Can damages be claimed for the value of items already recovered by other means?

The normal remedy for conversion is return of the property or its value. Once the property is back in the control of the true owner, the damages would be: nominal damages, if the property is not in ...
Jen's user avatar
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4 votes

Does a purely accidental act preclude civil liability for its resulting damages?

it’s definitely more your fault than the person whose property you damaged That begs the question of whether there was fault, and whether the owner put the goods at known risk. If you put goods out ...
Steve's user avatar
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2 votes

Any obligation to disclose one's name and address to private parties for service of civil claims after a street altercation?

There are Subpoenas to identify unknown people! Let's assume Charlene calls herself Alice on Social Media. The Persona Alice defames Bob on Social Media. Bob now sues the owner of the Alice Persona ...
Trish's user avatar
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2 votes

Any obligation to disclose one's name and address to private parties for service of civil claims after a street altercation?

A need neither B’s name nor their address A civil claim must identify the defendant - “the man who inched me at such-and-such place on this-and-that date” is sufficient identification. It also must be ...
Dale M's user avatar
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2 votes

What significance do specified damages figures have in a civil suit?

There is some significance to the amount claimed, but not much and mostly at the low end. The existence of some damages caused by wrongful conduct is an element of some, but not all, claims for ...
ohwilleke's user avatar
  • 218k
2 votes

Spending overpaid stipend instalments

england-and-wales Both the university and Bob made mistakes, with the consequence that Bob received more money than he should have received. Apparently: the university didn't notice Bob had dropped ...
Lag's user avatar
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1 vote
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Why was Gwyneth Paltrow‘s $1 not either adjusted upward or deemed frivolous?

Without her counter claim, many people watching the case would be thinking "I bet she was guilty, but the poor victim didn't have enough evidence". With the judge ruling in her favour with ...
gnasher729's user avatar
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1 vote
Accepted

Civil liability and replacement values

canadaengland-and-wales Barring any statutory overlay, damages (liability) from vehicle damage in an automobile collision are assessed to be the market value that was lost: the difference between the ...
Jen's user avatar
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1 vote

Civil liability and replacement values

When it is possible to put Bob back in the same state that he was before, then that is what Alice needs to pay for. If Bob managed to buy a £20,000 car for £10,000, then he owned a £20,000 car, and ...
gnasher729's user avatar
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