74
You can sue anyone for anything. I will answer these on the assumption that the real question is whether there is a legal basis for such a suit.
1) Could someone open a civil action against the city of Las Vegas for
failure to provide security? Or are city/county municipalities immune?
And is the state of Nevada immune?
This would not prevail. There ...
71
There are two parts to copyright liability: civil and criminal. TL;DR: both cases are criminal offences, and it is illegal to break the law even when you are paid to do it.
In the USA criminal copyright infringement requires a deliberate act to infringe copyright for commercial gain. Both of the scenarios meet these requirements.
In the UK (and probably ...
42
There are legitimate apps that let you buy phone numbers. With the right app I can buy let's say a landline number in Kansas. I call you, and you will think it's some guy in Kansas calling you. That's totally legal, it's a genuine phone number, and just like I can buy 10 phones and have ten phone numbers, I can use an app to pretend to have 10 phones. I ...
36
You cannot pass on better title than you have
The fraudster (B) in this scenario does not have good title in the car and so the thief (C) doesn't either: 1) because they are a thief and 2) because the person they stole it from didn't own it. If C had paid B for the car then C would still not own it because while they are no longer a thief, B still doesn't ...
34
Nothing gives you complete protection. You can (and should) have artfully drawn contracts with disclaimers and indemnification, but if the counterparties decline to comply with the contracts you may find yourself unable to remedy your liability even if you can prevail in litigation. Likewise, you can buy insurance to cover these sorts of risks. Insurers ...
32
First off, you cannot booby trap your property, period. It is both illegal and tortious. But, as you noted, there are already questions/answers that deal with this issue.
Sure enough, if the police get a no-knock search warrant, that in and of itself is the Court order allowing entry by any means necessary. When the officers, there by right of law, breach ...
27
I'm in the UK. I have been put in both these scenarios in times past. For the first I stood up to the boss and point-blank refused to do it, giving reasons. The atmosphere was tense for a couple of days, then he apologised and thanked me for taking the moral (and legal) high ground. The second was a little trickier, I still said I would not install hooky ...
26
I imagine that under English and Welsh law, the relevant tort would negligent misstatement, as there is no contract between the parties. From Practical Law:
A claim for negligent misstatement may arise whether or not a contractual relationship exists between the parties. However, if there is a contractual relationship, it is more likely that a claim would ...
24
How do free-speech protections in the United States apply in public to corporate misrepresentations?
It is legal to be wrong, it is legal to say false things in public (leaving out defamation), and it is legal to buy and manufacture signs that say false things. Moreover, the sign does not make a false statement, in that legal liability is distinct from moral responsibility. In fact, the sign helps to decrease their legal liability. Via this sign, you have ...
23
The only avenue for tenant liability would be if the tenant is responsible for the damage. The courts have not assigned responsibility for damage resulting from other people's disagreement with a political expression to the person expressing the viewpoint. You are generally free to peacefully express yourself, and as a renter this would be part of your right ...
21
You can start here, with the attractive nuisance doctrine, which is aimed at children and the fact that they don't have adult common sense. The extent to which you are at risk depends on your jurisdiction. However, a fence does not necessarily protect you, because children can find a way to get around a fence, instead you need to eliminate the risk (so you ...
16
What you are talking about here is the tort of negligent misstatement, a subset of the tort of negligence.
First, there is no presumption in any jurisdiction that I am aware of that anyone is or is not a lawyer (or doctor, or engineer etc.). If people knew that you were, however, then it is reasonable that they would give your statements more weight then if ...
16
Yes
The directors of a company have a fiduciary duty to act within the law for the benefit of their shareholders - not to their customers, not to the government, not to the environment and not to the public.
A lawsuit against the company will incur financial loss irrespective of if it is won or lost. It is difficult to see how it is in the shareholder's ...
15
You will not be legally liable. You are not responsible for other people's irrational or even violent reactions to your protected speech. If you could be held liable for other people's irrational or violent reactions to your peaceful speech, then exactly what your landlord is trying to do here could happen. People could threaten violence or harm as a way to ...
14
Counter question: is it illegal to rob a bank if your boss tells you to do so?
The answers are the same.
14
tl;dr- I don't see how you can "leak" a large organization's IP addresses given that they seem to be very public information. However, misusing an organization's network services or/and somehow being complicit in an attack could probably get someone into touble.
Organization IP address allocations seem to be public information.
I Google'd "...
13
Even if the authorities aren't injured, the homeowner may well face criminal charges. Many states make it illegal to set booby traps; for instance, California makes it a felony in section 20110 of the Penal Code. The definition of "boobytrap" in the code is "any concealed or camouflaged device designed to cause great bodily injury when
triggered by an action ...
13
Everything may theoretically vary by jurisdiction, which you haven't specified.
Stolen property remains the property of the lawful owner.
Assuming that Person A can demonstrate their lawful ownership, person A gets the car back.
If the car has been damaged or destroyed, person A may sue persons B and (possibly) C for restitution to cover the loss. In ...
12
You can never prevent someone suing you
Your contract with your client is about risk allocation - who assumes the risk and who pays for the risk.
In general, the least cost solution for everybody is that the person who can best manage the risk should assume the risk: many contracts ignore this sensible rule and try to shove risk off on a person who has no ...
12
Your thinking that an apology might be understood as admitting fault hasn't gone
unnoticed by lawmakers in some countries. I know you're asking about the USA, but I thought to mention (as I commented) that Ontario actually has an "Apology Act" that essentially says that you can apologize for something and that apology is not to be considered a confession, ...
12
There's a material question here, but you worsen your situation only slightly by acknowledging receipt of the communication, and you worsen it greatly by stating in writing that you agree with the communication. (I don't know what you mean by "accept").
You're responsible only to the extent that you incite violence. This requires you be attuned to what ...
answered Jun 12 '20 at 16:08
Harper - Reinstate Monica
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11
Unjust enrichment is an equitable theory of recovery that provides a fallback, for lack of better words, avenue of recovery for situations where no contract actually exists between two parties, but one party has received a benefit. The classic example is: Jane hires Dan to mow her lawn and tells him where her house is. Dan mistakenly mows Bob's lawn next ...
10
Some jurisdictions provide for statutory warranties on fitness and merchantability of goods. The effect of these exclusion clauses will vary between jurisdictions, so I will briefly examine two different effects of law with respect to supply of goods.
For the United States, certain warranties are implied in the sale of a product, provided for in the Uniform ...
10
...the police decide to press on with their search and an officer is injured or killed, can I be held criminally or civilly liable for that casualty?
I didn't read through all of your links so I'll just say - generally speaking you cannot use deadly force to protect unoccupied property, the law finds it neither justified nor reasonable.
Katko v. Briney, ...
10
Yes, you can.
An excellent example is this very website - at the bottom of this page you will find a series of links in the footer, one of which is "Terms of Service".
I think you will agree that most people using the Law SE are making no money from it or paying no money to use it and yet the terms of service sets out in black and white what a user ...
9
I would serve the parents (certified mail), with a "cease and desist" letter, telling them that the children are repeatedly trespassing on your property and that you want them to stop; even get the police involved if you have to. I know it sounds harsh, but you said New England; that's where I live and I know the trespass laws are not in your favor ...
9
Yes. But you might not want to.
The general rule of thumb is: anyone can sue anyone else, at any time for any thing. However, I believe in this case you would need to show actual damages. I don't think emotional distress qualifies as actual damages. That type of thing is usually awarded as an add-on to something like a personal injury case; it's usually ...
8
No, but it part of the overall fact pattern that determines liability.
“Sorry” is ambiguous: it can be a request for forgiveness for wrongdoing but it can also be a general expression of regret or an expression of sympathy. I’m going to meet a friend today whose wife has just passed away from cancer - I will almost certainly use the word “sorry” when I see ...
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