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5 votes

Do reward-seekers have a duty to minimize loss or harm to a third party?

Given that Bob has no obligation to pay anything to Charles, who has no legal duty to do anything, I don't see how Charles could have liability to Bob. If Charles wants to, he can decline to pay a ...
ohwilleke's user avatar
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3 votes

To what extent can mental illness create a defence or mitigation against liability in a civil case?

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 ...
Dale M's user avatar
  • 213k
3 votes

How can I compel my neighbor to address damage they are causing my property?

I do not believe you have a remedy. The legal theory upon which a lawsuit or legal right would be based is that the windows constitute a "private nuisance". In Maryland, in a case involving ...
ohwilleke's user avatar
  • 220k
2 votes
Accepted

Is there duty to mitigate damages by killing and replacing injured animal instead of curing it?

Things, especially but not only living things, have value beyond the price at which they can be bought and sold - always assuming they can be bought and sold. The value of a specific pet cat is not ...
Dale M's user avatar
  • 213k
2 votes

To what extent can mental illness create a defence or mitigation against liability in a civil case?

The answer really calls for a comparison of the level of mens rea required for various torts and the condition in question. Lots of conditions that constitute a "mental disorder" for DSM-V purposes ...
ohwilleke's user avatar
  • 220k
1 vote

Consequences for vendor not fulfilling signed contract on a property?

Notice to Complete new-south-wales It is standard for real estate sale contracts to have a Notice to Complete clause which allows the party that is ready to settle to serve a notice on the defaulting ...
Dale M's user avatar
  • 213k

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