60 votes
Accepted

Would a contract to pay a trillion dollars in damages be valid?

What you're talking about is a liquidated-damages clause, where the contract explicitly spells out the damages to be awarded in the event of a breach. The law will vary some from state to state, but ...
bdb484's user avatar
  • 59.2k
18 votes

Why don’t punitive damages require a criminal conviction beyond doubt?

Depriving a person of their liberty requires a higher standard of certainty Losing money is tough, but losing the ability to go outside when you want is a much worse penalty. Criminal convictions ...
Tiger Guy's user avatar
  • 6,998
17 votes
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Who pays for the damages caused by the government attempting to enforce a preempted or unconstitutional law?

In general Who pays for the damages caused by the government attempting to enforce a preempted or unconstitutional law? It depends upon the legal theory asserted and the parties involved. ...
ohwilleke's user avatar
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16 votes
Accepted

Does Bob have a case if he ends up paying child support due to Alice's deceit?

canada In Canada it all depends on whether it is Bob or Alice who is female. If it is the male who lies about the use of contraception it results in sexual assault (R. v. Hutchinson), and in the case ...
David Mulder's user avatar
  • 1,210
13 votes
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Incident with another cyclist, repair costs too expensive

Great job taking the photo at the time, it could end up saving you some money. I can see an Acera rear derailleur(inexpensive), a seven speed freewheel (cheap), a rusty chain (poorly maintained), a ...
Swifty's user avatar
  • 289
11 votes
Accepted

Is law enforcement responsible for damages made by a search warrant?

The police officers themselves are covered by Qualified Immunity - to put it briefly, a government official acting in their official capacity in a discretionary act (as in, they have some discretion ...
IllusiveBrian's user avatar
9 votes
Accepted

Can you be sued for money if your product is released for free?

Yes. Money damages can be awarded in this circumstance and would likely be awarded if the infringement was found to have occurred and not to have been fair use. Even in the absence of proof that any ...
ohwilleke's user avatar
  • 213k
9 votes

Would a contract to pay a trillion dollars in damages be valid?

Such a clause would not generally be enforceable. Penalty clauses are generally not enforceable in common-law jurisdictions, although in some continental law jurisdictions they are (this article gives ...
user6726's user avatar
  • 215k
9 votes

Is time spent on litigation recoverable as lost wages?

england-and-wales Litigants in Person - i.e. litigants not represented by solicitors (= attorneys in US) can recover the cost of their time at a set rate under the Litigants in Person (Costs and ...
Nemo's user avatar
  • 1,607
9 votes

Why don’t punitive damages require a criminal conviction beyond doubt?

Financial penalties do not require criminality Neither fines levied by the state nor punitive damages require criminality. For example, parking offences are not criminal and are usually punished by ...
Dale M's user avatar
  • 209k
8 votes

Compensation for custody awaiting trial resulting in acquittal?

In all but a few U.S. states the answer is that you are not entitled to any compensation. This is grossly unfair, but is the dominant rule by far in most jurisdictions in the U.S. As a matter of ...
ohwilleke's user avatar
  • 213k
8 votes

Why should one never threaten to sue?

Because threatening a lawsuit is a nuclear option If you are thinking about a lawsuit then you have a dispute. The best, most efficient, most effective and cheapest way to resolve a dispute is to ...
Dale M's user avatar
  • 209k
8 votes

Who pays for the damages caused by the government attempting to enforce a preempted or unconstitutional law?

canada This question is currently before the Supreme Court of Canada in an appeal styled Attorney General of Canada v. Joseph Power. The question is when, if ever, a damages award would be available ...
Jen's user avatar
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8 votes

Can legal action be reasonably taken against someone for providing incentive to hurt yourself?

There is no established tort or statutory cause of action under which Sam would be liable. Sam has no duty of care to Peter to not place Sam's own money at risk of destruction. The only duty in the ...
Jen's user avatar
  • 54.9k
7 votes

What if persons involved in the accident with the same Insurance company?

You have been told that the other person's insurance may not be valid. Why it may not doesn't really matter, perhaps the other person didn't pay premiums or lied on an application. So the situation is ...
David Siegel's user avatar
7 votes

Can ignoring a person on the Internet make me responsible somehow?

The First Amendement of the United States Constitution protects the right of an individual's freedom of association from government interference as one of the five protections in the First Amendment. ...
hszmv's user avatar
  • 23k
7 votes

Would a contract to pay a trillion dollars in damages be valid?

A $1 trillion liquidated damages clause would be held invalid as unconscionable and as clearly intending to punish rather than compensate... unless you can show that $1 trillion is somehow plausible, ...
Patrick87's user avatar
  • 4,243
7 votes
Accepted

Litigating personal injury in Germany due to lack of proper testing

There are none. Damages against B’s clinic? A does not have a contract with B’s clinic. No duties nor rights without a contract. Damages against B? A does not have a contract with B. If there was a ...
Kai Burghardt's user avatar
7 votes

Does Bob have a case if he ends up paying child support due to Alice's deceit?

Bob may have a case against Alice, but not related to the expenses. Depending on the jurisdiction, he may have exclusive rights on his genetic material. This is an important point in in-vitro ...
fraxinus's user avatar
  • 1,299
7 votes

Does Bob have a case if he ends up paying child support due to Alice's deceit?

united-kingdom In the United Kingdom Bob would likely not have a case, as lying about fertility is not a cause for consent to be vitiated (negated). The leading case in this is from 2020 where Jason ...
David Mulder's user avatar
  • 1,210
7 votes
Accepted

Is misrepresentation a tort or a breach?

What misrepresentation? Alice said she buried the money there. That the money is not there now is not evidence that she didn’t. it’s evidence that something happened to it between then and now. ...
Dale M's user avatar
  • 209k
7 votes
Accepted

Are there causes of action for which an award can be made without proof of damage?

Yes. Therefore, when assessing a claim, it would be incorrect or premature to conclude simply from lack of actual harm/damage that a wronged party would have no available remedy. In order to make this ...
Jen's user avatar
  • 54.9k
7 votes

Can damages ever/typically be assessed for unrealised, yet wrongfully-inflicted risks?

Can damages be assessed for wrongful subjection of a plaintiff to unnecessary risk through a tortfeasor’s negligence? No. There is no tort based in negligence for which damages are awarded without ...
Jen's user avatar
  • 54.9k
7 votes

Who pays for the damages caused by the government attempting to enforce a preempted or unconstitutional law?

In france, the constitutionality of a law can be checked before its promulgation, or after. If it is checked after, and deemed to be unconstitutional, then it is struck down at the date of the ...
Maxime's user avatar
  • 802
6 votes

Fighting false debt collection

You can sue your cat. The proper question is "Do I have an actionable claim?" Use your state's consumer protection laws: Namely, send certified return receipt letter to the collection company ...
Rusty's user avatar
  • 134
6 votes
Accepted

What's the purpose of large judgments against a defendant that clearly can't pay?

When the matter is final (no more appeals), the winner in the suit will request a writ of execution to collect whatever is owed. This may involve seizing a person's cash, car and so on. There are ...
user6726's user avatar
  • 215k
6 votes

Is misrepresentation a tort or a breach?

Alice says that she honestly believed the money was there, but agrees that Bob performed the excavation properly and that nothing was found. Alice didn't make a negligent misrepresentation, or at ...
ohwilleke's user avatar
  • 213k
6 votes

Liability for damage to work equipment while used at home with employer permission

Since this did not arise in the course of employment, liability is possible. Then the fact of being an employee of the tool-owner neither adds nor subtracts from the user's liability. What matters is ...
user6726's user avatar
  • 215k
6 votes

Liability for damage to work equipment while used at home with employer permission

Liability determinations are generally made by a jury (or in some cases, a judge/magistrate or arbitrator), and it's not an all-or-nothing question. A jury can find one party 30% at fault and the ...
Darth Pseudonym's user avatar

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