New answers tagged

1

The owner would not be liable You are aware of the risk of the overhanging branches and you have a duty to mitigate that risk. At common law, you are entitled to remove limbs of trees that encroach upon your property. You need to do this to mitigate the risk in a way that leaves the tree viable. Legally, the timber in the limbs belongs to the neighbour so ...


2

It is not clear that there is anyone you can sue. Theoretically you could sue the original contractor for breach of contract who may have entered into a contract with you, but even if you have the paperwork in your hand, you cannot expect a court to force him to do the job. It sound like there was not actually a contract, instead he proffered an estimate. ...


2

Almost every jurisdiction (even asset protection havens like the Cayman Islands) has a civil statute authorizing lawsuits to recover from fraudulent conveyances outside of bankruptcy. Often the exact details of the right outside of bankruptcy and in bankruptcy are not precisely the same, although often the non-bankruptcy law can be enforced in a bankruptcy ...


0

Some of the main liabilities that can't be waived are liabilities arising from intentional torts, reckless conduct, willful and wanton conduct, gross negligence and bad faith. Also, often certain statutory liabilities (e.g. an obligation to pay minimum wage to employees governed by an agreement) provide on their face that they may not be waived by agreement. ...


Top 50 recent answers are included