Hot answers tagged

60

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 these clauses are generally enforceable. Some courts limit their use to cases where calculating the damages resulting from the breach would be impossible or ...


13

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 bent derailleur hanger (possible damage) and a rear derailleur cable which is doing something slightly funny. Focusing on the seven speed freewheel, we can tell ...


11

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 in whether/how they carry out the act) is immune from suit so long as they pay reasonable deference to relevant law. In the case of the police, so long as the ...


9

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 profits are made, there are statutory damages that can be awarded on a per offense basis for copyright violations, and trademark cases in addition to having ...


9

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 a civil law vs common law comparison). Given the number you're talking about, this doesn't correspond to a reasonable estimate of actual damages for breach of ...


9

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 Expenses) Act 1975


8

Similar to this question and this one, the Uniform Commercial Code requires that exclusion of warranty be conspicuous. While it does not specify the manner in which text should be made conspicuous, putting it in all caps certainly has that effect if the surrounding text is in sentence case. The meaning is that all products come with implied warranties of ...


7

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. Association generally means your ability to keep your own company, be it friendship, business associations, romantic partners, and online buddies. There is ...


7

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, which does not seem to be what the question is asking about.


6

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 disputing the debt. Then, if the collection company does ANYTHING (calls you, sends a letter) after your proper notice of dispute of the alleged debt, then each act ...


6

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 legal doctrine this is justified on the grounds that a criminal prosecution requires proof beyond a reasonable doubt, and many people who are actually guilty may be ...


6

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 limits to what can be seized (some things are exempt by law), for example they can't outright seize a person's home. However, they can put a lien on it, meaning ...


6

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 negotiate a settlement. The best, most efficient and quickest way to derail a negotiation is to make threats. People don't like being threatened. It makes them ...


5

“Serious harm” is a requirement in the Defamation Act 2013 The Supreme Court interpreted it in Lachaux v Independent Print Ltd & Anor [2019] UKSC 27 (12 June 2019) at [10-20]: ... it not only raises the threshold of seriousness above that envisaged in Jameel (Yousef) and Thornton, but requires its application to be determined by reference to the actual ...


5

Black's Law Dictionary (5th edition 1979) states that "Liquidated" means Ascertained; determined; fixed; settled; made clear or manifest. This is the sense of the term in which damages are "liquidated" by a liquidated damages term in a contract or statute. The damages are settled by a contractual determine rather than being "...


5

california Generally, no. Even in a suit for conversion, only time expended to recovering the converted property definitely, and independently in its purposes from litigation can be recovered; no time expended for litigation or the preparation thereof is recoverable according to the courts. If certain preparatory work may be both used a means to compel the ...


5

There may be exceptions, but the simple and straightforward answer is no, you can't generally recover for time spent on litigation. You can often recover the actual costs of litigation -- filing fees, depositions, copying costs (and sometimes your attorney's fees} -- but time is not an actual cost, and it is therefore generally not recoverable. See Eberts v. ...


4

In New Zealand, employers have a duty to take all practicable steps to ensure their workplace is safe for employees and for others who come onto the premises (Health and Safety in Employment Act s6). So if there was a wasp nest and they didn't do anything about it, presumably they would be liable. If it was a random bee, I doubt they would be liable, because ...


4

Here's the thing: if the plaintiff/appellant/claimant are the same legal entity as the defendant/respondent, it's plain to see that one of them must lose. For instance, consider a case where two trains operated by the same corporation collide. Assuming that the drivers both performed their duties, the company is vicariously liable – such a case is ...


4

If he is a professional engineer, then he is almost certainly (supposed to be) licensed and insured. You could probably recover damages simply by reporting them to his insurer. Also, some states have insurance pools that provide for claims against professionals that they license.


4

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 regulations on GM crops had been followed) and some actual damage flowing from it.


4

One reason is that in a German civil suit, the cost for lawyers and for the court (court isn't free) is set according to the value that the parties are arguing about, which would be the value that one party demands, minus the value that the other party is offering to pay. Then the cost is divided between winner and loser according to the percentage of the ...


4

If you sue a person for a tort X, one of the things you have to prove is that the defendant did do X. A baseless belief that it must have been so-and-so will do you no good. You do not have to have iron-clad evidence of your allegations, for a civil suit, but you have to show with a preponderance of evidence that the claim is true. A combination of "hates me"...


4

Yes. Even if you didn't profit from the violation, the company may have incurred losses because of it (e.g., lost sales because somebody was giving away copies of their product for free).


4

Based on other questions you have posted, I will assume you refer to some jurisdiction in the U.S. Is Joe allowed to refuse this offer and go to court anyway? I wonder if this is legal since it may seem as though Joe is not interested in the actual amount but simply is interested in the fight and/or defaming the corporation. Yes, it is legal, ...


4

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 much the same as if the other person is uninsured or under insured. Your p[olicy must cover things. And your policy has a deductible. So you have to pay the ...


4

The amount requested has little or nothing to do with the amount, if any, eventually awarded. Once can sue "for 100 million dollars" and be awarded 100 dollars, and although it is rarer, one can be awarded more than the amount asked for when suit is field. That initial amount now serves as a peg to hang sensational news stores on, and nothing more. The ...


4

You certainly can claim whatever you want. Will you be granted it though? Time is money indeed, and replacing the damaged items requires some time not just items themselves. The question is how much time and at what rate? Your duty will be to mitigate the damages and so to minimise the time and its cost. Will your normal hourly rate be applicable? Only if ...


4

What happens in that situation? Available assets and income that aren't exempt from creditors (O.J. Simpson's trophies come to mind) are collected and the rest isn't collected and accumulate's post-judgment interest. Sometimes judgment creditors will try to continue to collect a debt from meager future income after all non-exempt from creditors assets have ...


Only top voted, non community-wiki answers of a minimum length are eligible