26
votes
Can someone legally require you to pay them back after passing on a discount?
You can always make a request: presumably the real question is whether a person can sue you in court and have the courts force you to pay her. As you describe it, the person gave you a gift – the ...
- 210k
19
votes
Can someone legally require you to pay them back after passing on a discount?
I would advise the friend that if she asks you and receives the money saved, then it isn’t a “friends and family” discount anymore, but it’s her taking money from her employer.
You could also take the ...
- 32.9k
13
votes
Can someone sue me for not giving back the amount of money they gave me as a gift?
Under normal common-law principles, she has provided you a gift and you have accepted it, which transfers the property to you unconditionally.
You also made a gratuitous promise that you might attempt ...
- 57.2k
12
votes
Can a hit and run victim sue the car owner for not having insurance?
You can't sue her for not having insurance. You sue for the damage you suffered.
You can name her as a defendant alongside her son on the theory that she contributed to the accident by letting her son ...
- 13k
12
votes
Accepted
Does res judicata prevent you from filing separate claims for different causes of action with overlapping facts?
Res judicata in the broad sense
The relevant rule is stated in Henderson v Henderson (1843) 67 ER 313:
where a given matter becomes the subject of litigation in, and of adjudication by, a Court of ...
- 8,632
11
votes
Accepted
I am being threatened by a company to pay a disputed liability NOW or face additional Solicitor costs
Issues in the question
In Australia, any civil claim below $10,000 is considered a small claim
This depends on the State or Territory involved. In three the limit is $25,000, not $10,000. In only ...
- 113k
11
votes
Accepted
What court in Kentucky, USA handles cases between $2500 and $5000?
District Court
The KY Administrative Office of the Courts website and brochure says:
District Court is the court of limited jurisdiction and handles juvenile matters, city and county ordinances, ...
- 2,683
8
votes
Does res judicata prevent you from filing separate claims for different causes of action with overlapping facts?
Same event - one case
Even when the same facts create different causes of action, they all must be pursued simultaneously or not at all.
The rationale for this is simple: a defendant should only be ...
- 198k
8
votes
Can someone legally require you to pay them back after passing on a discount?
Dictionary.com defines a favor (in this sense) as "something done or granted out of goodwill, rather than from justice or for remuneration[.]"
The concept of a favor, inherently, is a ...
- 195k
7
votes
Accepted
Can plaintiff or defendant question judge?
First, Judge Judy is not a real court. Judith Sheindlin was a real judge, but then she retired to be on TV. The show depicts arbitration proceedings, which both parties agreed to. If both parties want ...
- 23.6k
7
votes
Accepted
How likely am I to receive compensation? (UK)
This is not a place for specific legal advice, but you shouldn't be afraid of the small claims court; I'm doing that myself and it really is a low-risk and straightforward way to get money that is ...
- 13k
7
votes
Accepted
What enforcement action can be taken against a small claims court respondent?
At this point, since it's been more than four weeks since the order was issued, you are able to enforce the order. The delay is just to allow appeals or corrections. It is up to you to arrange ...
- 4,671
6
votes
What to do if the defendant failed to follow the court order and send documents to other party
Go to the scheduled hearing and present your complaint. Apparently the defendant will present no documents in court.
- 21.7k
6
votes
Can a witness safely admit to committing illegal actions?
Is there any precedent saying that a witness is immune to any crime he
admits to while being a witness?
Yes, there is precedent, but it unlikely to apply to your situation.
The applicable type ...
- 1,731
6
votes
Can I sue from California, in small claim court, someone in England who is British?
In California, the small claims court has jurisdiction over claims up to $10,000. In order to have personal jurisdiction over him:
He must have a summons and complaint hand delivered to him (or to ...
- 195k
6
votes
Accepted
Can companies refuse to hire you if you've sued them in small claims court before?
In general, in the US, employers have very wide latitude in how they decide whether or not to hire someone. There are specific factors like race, sex, national origin, disability status, etc, on ...
- 29k
6
votes
Accepted
What is considered appropriate dress for a magisterial district court?
You should definitely wear a tie with a button down dress shirt appropriate to wear a tie with (I am assuming you have male gender identity based upon your question). Slacks and a sports coat would ...
- 195k
6
votes
Can I sue a moving company for damages in small claims court?
You can read about (federal) damages from the Surface Transportation, but they are at least liable for 60 cent per lb. for damages. The company has to inform you that you have the option for full-...
- 210k
6
votes
Accepted
Can a court order a large asset to be sold if the defendent lost the case on a relatively small amount?
Can a court order a large asset to be sold if the defendent lost the
case on a relatively small amount? Say a defendent owns land worth
$200,000. The defendant lost the case and has to pay $9,000. He ...
- 195k
6
votes
Accepted
Left item in an Airbnb, host no longer available. Responsibility lies with owner, host or Airbnb?
My friend should have taken his property with him, but presumably the host can't just keep it, especially after reaching out to them?
Correct. However, the host does not have to do anything to ...
- 198k
6
votes
Accepted
Is there any particular reason that Small Claims court monetary limits are generally higher in Canada than in the US?
Two factors are at play.
Currency Exchange Rates
First off, don't forget that the Canadian numbers are in Canadian dollars while the U.S. numbers are in U.S. dollars. One Canadian dollars = 0.77 U.S. ...
- 195k
6
votes
Can someone legally require you to pay them back after passing on a discount?
The problem is your friend's, not yours. There's a reasonable likelihood that the policy at her employer forbids what she is doing. I had a friend who worked at a large retailer. In one year, her ...
- 429
5
votes
Accepted
What happens if a person does not pay for the sentence in a small claims court?
Nope.
Say I sue you successfully, and the court delivers a judgement that awards $1000 in damages. It is not the responsibility of the small claims court to ensure that the judgement is fulfilled.
...
- 2,548
5
votes
Accepted
Can you have a legally binding agreement in a "Without Prejudice" email?
Its difficult to tell without seeing the exact paperwork, and the exact meaning of without prejudice varies by jurisdiction (I think UK is the same as here in NZ though).
If an agreement is reached ...
- 3,470
5
votes
Accepted
Does an email constitute a binding contract with regard to LLC Ownership Transfer?
TL; DR: It is possible you might have a binding, enforceable contract. It depends on the facts. A trial court will determine the facts unless there is a settlement. Hire an attorney.
1. Contracts ...
- 9,818
5
votes
Accepted
Can I take legal action in Colorado against a car dealership that has yet to deliver owed items to me?
is there any legal action I can take against the dealership to enforce their compliance with our contractual agreement?
Yes, you can sue for breach of contract. You would probably seek an order for ...
- 198k
5
votes
Accepted
If a driver thinks their car has been wrongfully towed, is it up to the company to sue the driver, or up to the driver to sue for their money back?
If you can persuade them to release the car without paying – but with a promise to pay – they could sue you to recover what you owe them for towing and storage (breech of contract). If not, you would ...
- 210k
5
votes
Accepted
How does a lawyer help when taking someone to court for money owed?
Lawyers are useful in litigation the way engineers are useful construction or doctors are useful in surgery
The know what they’re doing and have done it many times before: you haven’t.
In your ...
- 198k
5
votes
Consequences of leaving USA with unpaid rent
As far as I know, no jurisdiction in the US relieves a person of their contractual lease obligations when they are required by law to leave the country. However, many (perhaps most) states require the ...
- 210k
5
votes
How to get current insurance information from car owner of son's hit-and-run charges
The criminal charges against the driver and his mother are police business, not yours. You have a civil case for damages against the driver, and possibly his mother on the theory that she enabled her ...
- 13k
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