regarding the losses (and the calculation thereof) suffered by a victim of a tortious action or omission
Questions tagged [damages]
166 questions
24
votes
4 answers
Would a contract to pay a trillion dollars in damages be valid?
Let's say you write a contract with someone, and you want to make sure they don't breach it. You could just have them covenant certain things, but then they'd only be liable for whatever damages you could actually prove in court.
Let's say you…
Michael
- 259
- 2
- 4
21
votes
4 answers
Who pays for the damages caused by the government attempting to enforce a preempted or unconstitutional law?
Some laws are obviously contradicted by higher laws, such as bills of attainder being prohibited explicitly by the US constitution.
Say some level of government (state, federal, or local) ignores this and passes a bill of attainder anyway: "Jimantha…
interfect
- 5,497
- 30
- 53
14
votes
3 answers
Does Bob have a case if he ends up paying child support due to Alice's deceit?
This question is inspired by and closely related to that one, but is different.
Alice deperately wants to conceive and give birth to a child from Bob, but Bob is adamant. He is very careful to avoid becoming a father for a number of reasons, one of…
Greendrake
- 28,487
- 5
- 71
- 135
12
votes
1 answer
Is law enforcement responsible for damages made by a search warrant?
Why do police use a battering ram without first checking the doorknob on a low threat warrant? What if a small child was on the other side of the door and got seriously injured by the battering ram? The door and frame is likely to be damaged and may…
Muze
- 1
- 2
- 7
- 25
11
votes
3 answers
Why don’t punitive damages require a criminal conviction beyond doubt?
Civil suits often include damages of a punitive nature with large amounts imposed on the balance of probabilities.
In criminal cases, fines can be imposed but require conviction beyond reasonable doubt but those fines are often much less than…
WOPR
- 701
- 7
- 11
11
votes
1 answer
Has anyone ever won a lawsuit against oneself?
The legal blog Lowering The Bar has a list of lawsuits where both the plaintiff and the defendant were the same person or legal entity.
Some of the examples are:
"Utah Court Says Woman Can Sue Herself", Lowering the Bar
You might not consider Utah…
March Ho
- 779
- 7
- 18
9
votes
1 answer
Does filling U.S. postal service business reply envelopes with junk incur any legal peril?
Some companies that send junk mail include a "business reply" envelope. This allows the junk mail recipient to send a "reply" through U.S. mail at the originator's expense.
In fact these business reply envelopes can be filled with heavy junk and…
Gabriel Diego
- 1,249
- 2
- 13
- 29
8
votes
2 answers
When acquitted in a "The People vs XYZ" trial, is XYZ entitled to any compensation for all they went through as an innocent party?
Say that Bob is put on trial for murder in some County. So the trial will be "The People vs Bob", and headed by the local government*. Bob spends weeks held in jail and spends tens of thousands on attorneys.
Ultimately, Bob is found unanimously not…
chausies
- 6,242
- 3
- 39
- 77
8
votes
2 answers
Compensation for custody awaiting trial resulting in acquittal?
I was accused of a crime and held in custody for 8 months then acquitted at court, I missed the first 8 months of my only child's life, and lost both my job and my partner. Could I be entitled to compensation?
Mikey
- 91
- 2
7
votes
4 answers
Is time spent on litigation recoverable as lost wages?
Generally, pro se non-attorney litigants cannot recover attorney fees under a statute providing for attorney fees.
Can a non-attorney recover for time spent on litigation (time preparing for trial, time in court, etc.) via alternative means (lost…
Josh Johnson
- 528
- 3
- 18
7
votes
1 answer
What non-liquid assets can't be seized for compensation?
Non-liquid assets like property can be legally seized when compensation is required (e.g. by a creditor or the IRS). But there are many other non-liquid assets one can have. A video game account (like in World of Warcraft) can be worth thousands of…
chausies
- 6,242
- 3
- 39
- 77
6
votes
3 answers
Is misrepresentation a tort or a breach?
I am confused by the provisions in tort and contract law for damages in the case of misrepresentation. I am reading specifically in New York law and it seems unambiguous that the only damages allowed for a claim of negligent misrepresentation are…
Lysander
- 185
- 8
6
votes
2 answers
Is it possible to collect damages for free content?
Some content, especially online, is freely available, such as many pictures, Creative Commons content, and video game modifications. If the creator never makes any money from selling said content, is it still possible for him to collect statutory…
polandeer
- 161
- 1
6
votes
1 answer
Who would have to pay for the damage resulting from sitting on a freshly painted bench?
When a bench in a public area gets repainted/lacquered, there’s typically a sign that reads "Wet paint!", which should warn people not to sit on the bench.
A blind person can’t read this sign, sits down, and gets dirty clothes.
Who would have to pay…
unor
- 1,154
- 9
- 22
6
votes
1 answer
Catherine Middleton topless pictures ruling - why €100k in damages?
As currently reported in the press, Catherine Middleton (the Duchess of Cambridge) sued the French magazine Closer for publishing topless photos of her sun-bathing, and she and her husband were awarded €100,000 in damages by a court in Paris. She…
sleske
- 9,071
- 4
- 29
- 65