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 ...
- 61.8k
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 ...
- 7,699
17
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 ...
- 1,247
17
votes
Accepted
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.
...
- 240k
13
votes
Accepted
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 ...
- 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 ...
- 4,930
9
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 ...
- 240k
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 ...
- 240k
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 ...
- 217k
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 ...
- 1,595
9
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 ...
- 72.7k
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 ...
- 227k
9
votes
Suing lease financing Company
No. Federal law specifically releases the leasing company from liability.
49 U.S. Code § 30106 Rented or leased motor vehicle safety and responsibility
(a) In General.—An owner of a motor vehicle ...
- 4,298
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 ...
- 227k
8
votes
Does punishing someone illegally for their wrongdoing forfeit the right to seek compensation?
Joe can sue Jim
And Jim can sue Joe.
Just because Joe is a tortfeasor (assault) against Jim doesn't change the fact that Jim is a tortfeasor (negligence) against Joe.
- 227k
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 ...
- 72.7k
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 ...
- 72.7k
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 ...
- 115k
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. ...
- 23.2k
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, ...
- 4,260
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 ...
- 1,710
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 ...
- 1,319
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 ...
- 1,247
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.
...
- 227k
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 ...
- 72.7k
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 ...
- 892
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 ...
- 217k
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 ...
- 240k
6
votes
When aquitted in a "The People vs XYZ" trial, is XYZ entitled to any compensation for all they went through as an innocent party?
Short Answer
Is Bob entitled to any compensation from the government or anyone?
Generally not, although there are some states where this is possible on a limited basis or in isolated circumstances.
...
- 240k
Only top scored, non community-wiki answers of a minimum length are eligible