Questions tagged [damages]
regarding the losses (and the calculation thereof) suffered by a victim of a tortious action or omission
170 questions
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What damages are recoverable for late delivery of a package?
Is the answer to this hypo correct?
A sends a package to C via the B Shipping Company. B charges $10 for the service and promises that the package “will absolutely, positively get there overnight.” ...
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How does Trump come up with the sizes of his lawsuits?
Last year, Donald Trump sued CBS over an issue with a 60 Minutes interview with Kamala Harris during the 2024 presidential election. He initially sued for $10 billion, and later increased that to $20 ...
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In Japan/America, can you be sued for giving something a bad name and thereby hurting a business?
In Japan, there is this meme term called "chi-gyuu" ("Cheese Beef Bowl" in english). It's basically like a Japanese slang version of "incel" or "chud" or ...
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Can defamation occur without specific intent for false statements about ordinarily non-damaging things?
I've recently argued for a while with a friend about whether defamation requires intent in cases where a false statement would normally be unforeseen to have any potential impact.
The specific ...
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Can damages extend beyond bankruptcy?
"Billy Bob" decides that a chainsaw and a high-vis vest makes him a professional arborist, and goes into business (despite lacking any of the needed training, licensing, and insurance needed....
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Should I sue the landlord or the tenants for property damage committed during their tenancy?
Bob's neighbor nextdoor Alice rented her house out on 12/7. On 12/22 one of the people living there who is not on the lease shot his AC unit and gazebo posts, and the bullets hit his other neighbour's ...
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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 ...
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Can it be considered fraud to marry someone without disclosing your cosmetic surgeries?
Connie was really "ugly", so got a bunch of cosmetic surgeries to her face, her boobs, etc. to look pretty. She then met Nate the Narcissist, and the two fell in love. Nate made it clear ...
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landscaper ate some exotic fruit from my orchard [closed]
Not for legal advice and any advice is strictly to clarify my thoughts...
Located in south NJ. I have a small orchard in my backyard.
I put a lot of hard work, time & amendments as I only plant ...
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Corporate Law - Loss of Reputation
Organization A and Organization B sign a contract.
Organization A doesn't disclose a certain policy to Organization B and doesn't post this policy anywhere.
Organization B breaks this undisclosed ...
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Is there any legal basis for a municipality paying the cost of repairing something that is (unjustifiably) classed by by-law as homeowner's property?
I live in a small municipality, and I pay property taxes. Today I found out that there is a blockage in the connection between my house and the wastewater main just at the point where the two pipes ...
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Suing lease financing Company
Let's say someone (person A) leases a car financed by the bank in the state of Pennsylvania. Then Person A drunk drives and severely injures several people one of them being Person B.
Can Person B sue ...
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What is the likelihood of recovering full costs of winning an expectation damages case?
Suppose Bob from this question hired a lawyer and won the case against the seller in England (the seller was stubborn enough not to settle).
How likely is that Bob will also be awarded 100% of the ...
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Can legal action be reasonably taken against someone for providing incentive to hurt yourself?
Let's say that Sam the Sociopath invites Peter the Poor man into his luxurious house. They go to a living room with a fireplace. Sam then pulls out 1 million dollars in a fireproof bag that will last ...
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Can legal action be reasonably taken against someone spoiling your work?
Infamously, when the Fight Club was released, Rosie O'Donnell spoiled a huge plot point on her popular show. The movie hinges tremendously on the spoiler, and Rosie probably damaged the experience for ...
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False promises by a potential employer and visa sponsor in the US [closed]
A friend living in the US was planning to open his own store and agreed to sponsor me so I could move there (with my family) once the store was open, knowing I had experience and skill in the field ...
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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 ...
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Would a person have any recourse if a cop slashes their tires out of the blue for no reason?
(I'm not asking for personal legal advice, nor am I involved in this situation)
In a video posted to Instagram Reels (and on Reddit), a Seattle Police Department officer can be seen slashing the rear ...
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(California) How to solve the "Professional estimates of damage" problem?
A website that looks authoritative notes:
Think carefully about how much money to ask for. This is called
damages. You have to prove to the judge that you deserve the money you
ask for. You can only ...
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Consequential damages for copyright infringement?
Many software license agreements (or even terms of sale for physical copies) include prohibitions on reverse engineering as a condition. If I legitimately purchase and install and use the software, I ...
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How are intangible losses assessed for damages?
Bob has an issue with his phone provider, resulting in the permanent and irreversible loss of his long time phone number which he has maintained for many years. He is greatly troubled and ...
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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 ...
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How do juries come up with precise award figures for intangible damages?
In the E. Jean Carroll v. Donald Trump case, the jury today awarded $83.3 million in damages. As I understand it, this breaks down to:
$11M for damage to Carroll's reputation
$7.3M for for emotional ...
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Can damages ever/typically be assessed for unrealised, yet wrongfully-inflicted risks?
Alicia and Bob live together as a happy couple, until one night they break up and Alice throws all of Bob’s stuff onto the curb while he is still out. He comes back to find it all there, but she didn’...
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Damages resulting from suicide
"Juan" is driving along on his way to work. At the same time, a terminally depressed woman commits suicide by jumping off a tall building. She ends up landing on the roof of Juan's car, a la ...
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How do US judges determines defamation damages?
CBS:
Rudy Giuliani files for bankruptcy following $146 million defamation suit judgment
Giuliani filed for Chapter 11 bankruptcy less than a week after a jury ordered him to pay $146 million in ...
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What are the potential consequences of pursuing a copyright dispute regarding StackExchange content?
A few weeks ago, I discovered this site, which just seems to be a wholesale copy of a very large amount of StackExchange content.
There is no attribution or acknowledgement of any sort, and in fact ...
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Liability for damage to work equipment while used at home with employer permission
Please consider the following hypothetical situation:
An employee in Prince Edwards Island, Canada borrows a mini-excavator from his/her employer with permission from his employer. While the employee ...
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Why - and when - are some torts actionable per se (vs needing to demonstrate actual damages)? [duplicate]
According to this article:
Trespass to land occurs where a person directly enters upon another's land without permission, or remains upon the land, or places or projects. This tort is actionable per ...
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Who pays for checking for damages?
Say my neighbor has a very delicate piece of equipment, and I accidentally bump into it. It doesn't look broken, but it might be broken internally.
Because of the nature of the equipment, determining ...
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When does s3(1) of the Defamation Act *not* apply in malicious falesehood cases?
To successfully bring a claim for maliicous falsehood in the UK, one has to show that one has suffered "special damages", which are actual damages suffered as a direct consequence of a ...
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Are there causes of action for which an award can be made without proof of damage?
Are there causes of action for which an award can be made without the plaintiff demonstrating loss/damage?
Jen♦
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Is there a term for set/prescribed measures of damages?
A recent answer answers the question with another question, that of what damage the plaintiff has actually suffered. Yet certain statutory/case regimes have guidelines for compensation that are blind ...
- 11.5k
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How may expectation damages be calculated?
Bob wins an auction for an uncommon item for £100. The seller fails to take payment or deliver the goods. There weren't that many other equivalent items available online at the moment.
Bob's purchase ...
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April Fools Day, Journalism, Liability, and Tort law. (U.S.)
If a company or journalist known for publishing non-satirical news was to stray from their normal reporting on April fools day, and publish something like;
"Amazon hit with ransomware, customer ...
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Does punishing someone illegally for their wrongdoing forfeit the right to seek compensation?
Jim the Bicycler, unfortunately, can sometimes be rather reckless. And as a result of his reckless cycling he hit Joe the Pedestrian, then fled. There is no doubt that Jim is fully responsible for the ...
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How did Dominion justify the 1.6 billion value they're suing Fox News for?
Dominion is suing for 1.6 billion in their defamation case against Fox News. Google tells me they make an annual income of less then 100 million and their entire company is only valued at 80 million. ...
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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 ...
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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’...
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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 ...
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Would someone providing "faulty" suicide advice be liable for a survivor's damages?
Let's say Bob publishes an analysis of suicide methods meant to assist those so inclined. Alice takes Bob at his authoritative word and follows his advice to the letter regarding the method he deems ...
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Are dropservice suppliers liable for any damages to customers?
I wanted to ask a question about the dropservice business model.
We have 3 figures, the customer, the supplier and us. Dropservice is a business model in which we can have services delivered to our ...
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What entity is legally obliged to compensate for damage accidentally inflicted at a non-belligerent state territory during military conflict?
The question is based on recent events:
Yesterday (15th Nov 2022) a supposedly stray missile hit Polish
territory, causing loss of life (2 fatalities) and property damage.
Poland is non-belligerent ...
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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 ...
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Assaulted by store employee: who is liable?
Meet Bob. Bob was egregiously assaulted by a stores security guard who damages his phone and vehicle. One of the other employees grabs his phone out of his hand on retribution for attempting to ...
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How are damages calculated if replacement requires purchase of unnecessary parts?
I own a sports car and was recently rear-ended by someone who has accepted full liability. My insurance is trying to price out the repair cost of my car and assures me I will not be out of pocket ...
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What has been the teeniest claim for damages, at the High Court of Australia?
I am enthralled by the smallest claims (quantum of damages requested at the outset) that reach, and gets decided by, Commonwealth apex courts. I am NOT referring to the apex court's award of damages, ...
user49089
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Filing a patent without 100% ownership
Along with a co-inventor, who is employed by company ABC Pty Ltd, you invent "Gadget Thing". (To be clear: you are not employed by ABC Pty Ltd.) It looks like a great, first-of-field ...
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(Canada, British Columbia) What Cause of Action(s) would be available in the Situation Below? Ways to Calculate Remedies In this Case?
A Father (RE Agent, Broker, Owns Biz as RE Developer) is approached by his Daughter wanting to purchase Property for her to live in. An Agreement is eventually reached between the Father and Daughter ...
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How are government actions held accountable to constitutional promises? [closed]
For instance, in the U.S., prosecution while promising the blessings of liberty constitutionally should determine rights through a precedence of innocence rather than protected classes, plea deals, ...
