Skip to main content
67 votes

Is it legal for a bank to trap you in an ATM vestibule?

A power failure is an obvious example of force majeure. Nobody would talk of kidnapping, as you tagged your question, if a power failure trapped a lift between floors. The real issue would be one of ...
o.m.'s user avatar
  • 18.3k
52 votes

Can a bank sue someone that disseminates information that starts a bank run that destroys the bank?

Can a bank sue someone that starts a bank run that destroys the bank? No (assuming, of course, as is the usual case, that the person who starts the bank run is not engaged in perpetrating a ...
ohwilleke's user avatar
  • 220k
45 votes

Is it legal for a bank to trap you in an ATM vestibule?

Many US jurisdictions have adopted the NFPA 101 Life Safety Code (which falls into the general category of building codes). The 2024 edition states 4.5.3.2 Unobstructed Egress. In every occupied ...
Gerard Ashton's user avatar
43 votes
Accepted

Can I viably sue for damages caused by bugs in freeware?

No, you can't The last paragraph of the MIT License explicitly says the author is not responsible for damages (emphasis mine): THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND,...
sevensevens's user avatar
  • 1,525
38 votes

Why does the U.S. have much higher litigation cost than other countries?

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 ...
ohwilleke's user avatar
  • 220k
28 votes
Accepted

A car catches fire in a carpark. The resulting fire spreads destroying the entire carpark. Who is liable?

In General The insurer is never primarily liable for anything. Someone who may or may not have insurance is responsible. A person harmed can't sue somebody else's insurance company (except in the rare ...
ohwilleke's user avatar
  • 220k
27 votes

Can I viably sue for damages caused by bugs in freeware?

In addition to the argument that that particular license contains a disclaimer of liability as a condition of the license grant, you have no privity with the author. The license binds your use of the ...
David Browne - Microsoft's user avatar
26 votes

Can a bank sue someone that disseminates information that starts a bank run that destroys the bank?

netherlands In The Netherlands, DSB Bank went bankrupt after investigator Pieter Lakeman, representative of a foundation of dissatisfied customers of the bank, called for a bank run, his argument ...
SQB's user avatar
  • 397
24 votes

Someone has a video of me doing drugs. Is there legal protection against its release?

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 ...
ohwilleke's user avatar
  • 220k
23 votes

Is lying on a survey illegal?

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. ...
ohwilleke's user avatar
  • 220k
17 votes

Is it legal for a bank to trap you in an ATM vestibule?

canada Is it legal for a bank to trap you in an ATM vestibule? If this was done intentionally, and outside of a citizen's arrest (s. 494, Criminal Code), this would make out the tort of false ...
Jen's user avatar
  • 59.1k
16 votes
Accepted

Civil liability for criminal punishment

In england-and-wales, Mark's claim is likely to fail. There are several overlapping principles, which are different rules of law but which all point to the same outcome: "It is a rule of law and ...
alexg's user avatar
  • 7,000
12 votes
Accepted

How far does legal gymnastics go to remove liability?

england-and-wales "A term in a consumer contract is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations under the ...
Lag's user avatar
  • 17.3k
12 votes
Accepted

What is the duty of a medical office to properly bill one's insurance? (USA)

To my knowledge there is no actual law requiring a provider to file anything on your behalf. Most do it as a courtesy but if you read the terms of service that you almost certainly agreed to, it will ...
jwh20's user avatar
  • 3,486
12 votes

What legal relief is available when a neighbour uses my address as his own for communication without written consent from me?

Mark the mail delivered as "addressee unknown, return to sender" and give it to the postal delivery person next time around. If the mail stops getting through, the neighbor will update their ...
ohwilleke's user avatar
  • 220k
12 votes

What legal relief is available when a neighbour uses my address as his own for communication without written consent from me?

Based on the description, there is no legal relief available. To quote: a tort is breach of a non-contractual duty which has caused damage to the plaintiff giving rise to a civil cause of action and ...
eis's user avatar
  • 223
11 votes

Sue a university for armed robbery

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, ...
Patrick Conheady's user avatar
11 votes

Can you sue someone for stealing a slice of pizza?

If it’s your pizza, yes The civil equivalent of theft is the tort of conversion, “consisting of "taking with the intent of exercising over the chattel an ownership inconsistent with the real ...
Dale M's user avatar
  • 213k
10 votes

Civil liability for criminal punishment

In the hypothetical jurisdiction a duty of care arose in the circumstances and Eve breached the duty, causing damages to Mark, which gives Mark a cause of action against Eve. Although in the ...
Lag's user avatar
  • 17.3k
9 votes
Accepted

What is tort law and how does it differ from civil law?

First, civil law has, confusingly, two meanings. It can denote the legal systems used in most of Europe, as opposed to the common-law systems arising in England and spreading to most of the former ...
phoog's user avatar
  • 37.8k
8 votes

Someone has a video of me doing drugs. Is there legal protection against its release?

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 ...
LGT's user avatar
  • 199
8 votes

Alternate recourse to assault

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 ...
against very long user names's user avatar
8 votes

Does a duty of care arise from advertised functionality?

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) ...
JBentley's user avatar
  • 8,310
8 votes

Can a bank sue someone that disseminates information that starts a bank run that destroys the bank?

I recall an actual case where there was a threat to prosecute: it was over 35 years ago in Auckland, where I was living at the time. A woman who was a customer of the Building Society attempted to ...
Simon Crase's user avatar
7 votes

Is it illegal to throw water or soda on people?

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 ...
ohwilleke's user avatar
  • 220k
7 votes

Can a rental car company require you to forfeit your right to fight a fine?

From the description in the question and in all the comments to all the answers, it appears that the most likely scenario of what has happened is as following: a city employs suboptimal traffic cam ...
grovkin's user avatar
  • 2,598
7 votes

Are disabilities taken into consideration when establishing jurisdiction?

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, ...
Dale M's user avatar
  • 213k

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