Hot answers tagged

38

Litigation Costs v. Liability Insurance Cost It is worth noting that what the Institute for Legal Reform, a tort reform lobbying group, is stating, is not that the U.S. has "higher litigation cost" than other countries. They are financed mostly by businesses that have to pay liability insurance expenses and are motivated in their analysis to come ...


26

The tort for this kind of activity is called public disclosure of private facts, and almost every U.S. state recognizes that this tort is invalid under the First Amendment in the absence of a legal duty not to disclose of the type existing between an attorney and client, or a psychotherapist and a patient, or a contractual non-disclosure agreement, that does ...


21

There are a very few government surveys which it is a crime to lie in responding to, most notably, census related surveys. Proving that a representation is false with respect to some questions (e.g. race or nationality) are challenging to prove and the subject of lots of hypothetical discussion. But proving misrepresentation with respect to other matters (e....


17

Is lying on a survey illegal? An intentional misrepresentation is actionable to the extent that (1) it causes harm, and (2) the surveyor's reliance on those representations is justified. The latter implies that the surveyor ought to make a judicious use of the information available: the surveyed person might not have been duly informed of how his answers ...


11

Probably not. Overview You haven't specified a jurisdiction. I will talk about Australia because that's what I'm familiar with. In Australia the most relevant area of law would be tort, specifically negligence. The university would be liable to pay damages if a court found that it owed a duty of care to your friend, that it breached that duty, and that ...


10

I know nothing about the law. What I have heard from others (that also know nothing) is that in some countries/states it might be illegal to record audio/video without the recording party being present. The exact location (public/private/bedroom/bathroom) of the recording might also make a difference. (for example) Illegal: Someone hides a running ...


10

It depends on the purpose for lying and the jurisdiction. If there are any unfair or fraudulent advantages be gained by lying then it might be unlawful. A hyperthetical example: those employees with an allergy may get a payrise to cover the cost of their medication or the employer may pay for add-ons to their health insurance. Someone who falsely claims ...


9

To use Texas as an example: Sec. 22.01. ASSAULT. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or (3) intentionally ...


9

No In general, there is no need for a plaintiff, defendant, or witness to attend court in person if there is a legitimate impediment to them doing so. Parties can be represented by their lawyers, testimony can be made by affidavit, cross-examination can be conducted over Zoom. During the recent pandemic, entire cases, both criminal and civil have been dealt ...


8

There's always civil action possible; "assault and battery" has a civil variant as an "intentional tort" Civil assault and battery are torts. A tort is a wrong committed by one person against another, causing damage. Specifically, civil assault and battery are intentional torts. [...] Intentional torts are torts that are committed on ...


8

Jurisdiction: england-and-wales. You don't necessarily need to turn to tort law to find a duty of care. For example, assuming the customer is a consumer (i.e. not operating as part of their business) then the following sections of the Consumer Rights Act 2015 are relevant: 49 (1) Every contract to supply a service is to be treated as including a term that ...


8

Is the issuer liable? Notwithstanding @JBently's detailed answer, it may depend on the terms and conditions the consumer agreed to when setting up the alert service - which may be additional or supplementary to the original card holder's agreement. Using a random UK bank's alerts' T&Cs as an example: We will not be liable to you if we do withdraw this ...


7

Yes. It is a crime almost everywhere to throw something at someone, even if it causes little or no injury. Usually it would be classified as "assault and battery" although if it damages clothing or other property, it could also be called, for example, "criminal mischief" which is intentional damage to property. It would also be a tort that could be ...


7

You missed a bit: Unless, of course, the patient was a private patient and the doctor accepted half a guinea for his trouble: As well as the state-run National Health Service (which is generally free to most patients) the UK also has a number of private health care providers where patients pay, for example, to be treated sooner than they would if they went ...


6

This has been a long-considered matter. Under common law, unwanted incidental touching - say, in the context of a public space - is not illegal per se. In Cole v. Turner (1704) 87 ER 907, Holt CJ said that: First, the least touching of another in anger is a battery. Secondly, if two or more meet in a narrow passage, and without any violence or design ...


6

You would need to be able to prove that he encroached on your land (or your tenancy to land) with his pesticide/herbicide. You should speak to him and let him know that you feel his herbicide made its way (it could've come with the wind if its just on the borders) to the land, and as a result your animals were harmed. It's always better to see if you can ...


6

"Cancellation" is generally a result of some statement or action a person made becoming public or having been made in public. Tortious interference requires that the defendant's actions are independently wrongful, such as defamation or criminal acts against the plaintiff. Truthful speech and opinions which do not allege facts are protected by the ...


6

I happen to have a recent American major rental brand folio with terms and conditions on the floor next to me. The key sentences for this brand are You agree we may, in our sole discretion, pay all tickets, citations, fines and penalties on your behalf directly to the appropriate authority and you will pay us for what we paid to the appropriate authority ...


5

To win a negligence claim, the plaintiff needs to prove that the defendant: had a duty to the plaintiff, breached that duty by failing to conform to the required standard of conduct (generally the standard of a reasonable person), the plaintiff must have suffered actual harm, the negligent conduct was, in law, the cause of that harm, and that harm was ...


5

Short answer The general approach and attitude that you propose is a horrible one that would bring an unfavorable result. It would add many months or years to the time when the case would mostly likely be resolved and would reduce the economic value of your case by a substantial percentage, perhaps cutting it in half or more. Your instincts towards the ...


5

One of the biggest problems here is in proof of injury attributable to an individual... With asbestos, you can prove that direct exposure in a certain instance caused a long-term harm. Just because you were around asbestos doesn't mean you get lung cancer, so if you don't actually suffer any harm (or any harm yet), you won't get awarded damages. Similarly ...


5

Generally speaking, under US law, the victim or alleged victim of a crime cannot force a prosecution. Police and prosecutors have wide discretion on which crimes to prosecute. Even if it is clear that a crime has been committed, there is usually no right to have police or court action. If officials think that the public interest (or their own interests) ...


5

What do you mean “slip in”? Are you saying that the term wasn’t there when you signed the contract and the added it later? If so, no they can’t. However, what I think you’re saying is that it was there all along, you didn’t read it, but you signed it anyway? If so, yes they can. You were told this was a term of the contract (not reading it is on you, not ...


5

There are no free legal copies online. They are accessible online through LexisAdvance, HeinOnline and Westlaw: this provides access, but not a downloadable copy.


5

The Internet Archive has a copy of A Concise Restatement of Torts (2000) in their lending library that is available to be checked out for 1 hour or 14 days. You will need to log in with an Internet Archive account, but those are free to obtain.


5

The NHS system was introduced in the UK in 1948. I think Lord Devlin is referring mainly to the system before the NHS was introduced. Before 1948 doctors would charge patients a set fee for a consultation but if the patient was poor the doctor might decide not to accept a fee. Hence no consideration and so no contract. Although Lord Devlin is writing in 1963,...


4

Actually, as a general matter, unwanted 'touching' or if you prefer, incidental bodily contact, is most certainly NOT unlawful. You have no valid expectation of a sphere of invincibility in public.


4

(My expectation is that the proof has to be replicated and the conviction cannot be introduced as evidence). Your expectation is incorrect. The name of the legal doctrine that allows a criminal judgment to have this effect in a civil case is called "collateral estoppel" which is also sometimes called "issue preclusion". See, e.g., A-1 Auto Repair & ...


4

I'm sorry that you've had to go through this. Car accidents are rough business (having been through two, I know how bad they can be!). As others in this thread have pointed out, Utah is a no-fault state. Legislators intended for this to cut down on court costs and unburden the legal system. Drivers just turn to their insurance companies and have their ...


4

"No fault" is a term of art in this case. In a "no fault" insurance regime, such as the one in place in Utah, minor car accidents are covered by the insurance company of the person who suffers the damage, and not by the person who is at fault in the accident. Utah's "No-Fault" Insurance System Utah is a "no-fault" car insurance state. This means that ...


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