Questions tagged [civil-damages]
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Does a purely accidental act preclude civil liability for its resulting damages?
A recent answer by Dale M. States that:
A pure accident without any negligence on your part does not expose you to liability.
Is this the general rule? What is the basis for that being so if it is? If you weren’t negligent then sure you didn’t do…
TylerDurden
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Is it possible for a court to adjust damages awards upward beyond what is asked for?
When a plaintiff (or counter-claimant) has only sought $1 in relief, do courts ever adjust that upward to reflect the true value of damages?
TylerDurden
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How can a liability limitation in a contract between two parties prevent a damaged 3rd-party from taking action?
Answers to this question Do tech companies like Microsoft & CrowdStrike face almost no legal liabilities for major disruptions? suggest (correctly) that parties to a contract can allocate risk however they choose, including limiting liability for…
Dale M
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How are damages for landlord harassment calculated?
Apparently there are various bases for establishing landlord harassment. Section 28’s method in the housing act 1988 applies where it has caused the occupier to give up occupation. But what if it hasn’t successfully caused the occupier to give up…
TylerDurden
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Civil liability and replacement values
Meet Bob. Bob's car was destroyed by Alice, thus besides other potential consequences, rendering Alice civilly liable for the value of the car.
Suppose that the car was bought on a temporary, time-limited promotion by the company wherein they were…
John Jacob Jingle
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Spending overpaid stipend instalments
Bob was a student and received a stipend grant for his living expenses whilst doing research at an academic institution for post-graduate studies. He came to rely on these for his monthly living expenses and did not realise that their continued…
TylerDurden
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Why was Gwyneth Paltrow‘s $1 not either adjusted upward or deemed frivolous?
Gwyneth Paltrow was subject to a merit less claim for however much, and she defended it while bringing a symbolic counter claim for $1, which I understood that she won on that order.
This brings up a whole bunch of questions about the principles on…
TylerDurden
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What significance do specified damages figures have in a civil suit?
The suit filed in Los Angeles over the 1968 Romeo and Juliet film is reported in the Guardian which says:
Damages are being sought “believed to be in excess of $500m”.
What is the significance of the figure provided by the party seeking damages?…
TylerDurden
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Any obligation to disclose one's name and address to private parties for service of civil claims after a street altercation?
Suppose A is walking down the street and B punches A in the nose, thus committing assault. Legally, A is entitled to claim civil damages against B, and can practically do so if they know A's name and address. Does B have any legal obligation to…
JosephCorrectEnglishPronouns
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Can I make an auto shop pay for oil damage from a defective oil filter?
About ten days ago I had a flat tired replaced at a local shop and added an oil change to the work order. A day later I notice a huge oil stain (about 3 ft x 10 ft) that flowed over the pavers on my driveway. I went back to the car shop for an…
Gasman
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Can damages be claimed for the value of items already recovered by other means?
Alicia stole Bob’s £2000 Segway and puts it up on eBay. Alice sees it on eBay for quite cheap (let’s say £150) and decides to buy it on a whim, which she does.
She suddenly then finds that she must unexpectedly move to a new city and, not really…
TylerDurden
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