Questions tagged [tort]
A tort is a civil wrong that does not necessarily rise to the level of a criminal act although torts and crimes can arise from the same acts or omissions.
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Does a misrepresentation have to be fraudulent in order to be unprotected?
To my understanding, there are two types of misrepresentation: negligent misrepresentation (which is not fraud) and intentional misrepresentation (which is fraud).
Is negligent misrepresentation also ...
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Can a Special Counsel be privately liable in tort for false or malicious prosecution if improperly appointed?
Assume an Attorney-General appoints a Special Counsel but they don't do so in a constitutional manner.
If an improperly appointed Special Counsel prosecutes an individual, would they be privately ...
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Can I be sued for defamation where the subject of the defamation became provable after the alleged defamation?
Suppose I write in a public Facebook post that Joe the Roofer is a liar and a dishonest person. My post causes Joe to lose customers and his revenue decreases.
Joe sues me for defamation.
Shortly ...
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What is an employee's liability for defective work?
Employee E works as part of a development team for company C, which has a contract with customer F. Suppose that F is dissatisfied with the work product that C submits. Under what circumstances would ...
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Is it legal for a bank to trap you in an ATM vestibule?
In an episode of Friends, Chandler is in an ATM vestibule when a power blackout happens. The door to the vestibule automatically locks and he (and a supermodel) are trapped inside until the power ...
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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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What are the consequences for a family fight in the US?
If a mother (senior) first tries to slap her daughter (30+ yrs old), but the mother missed, and then the daughter grabs the clothes her mom is wearing, and slams her mother against the wall, what kind ...
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What are the most prominent differences among the common law systems of the different states in the U.S.A.?
I (tentatively?) understand that the law of contracts, the law of torts, the law of property, and (probably?) some other areas of law in the U.S.A. are mostly the common law of the separate states.
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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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How does direct action result in a civil claims?
Greenpeace has been involved in direct action from around or before it was officially founded in 1969 - 71. Before this month I have not heard of civil cases being brought against them. Earlier this ...
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Implications of subversive harassment [closed]
What are the implications of causing someone distress in some subversive fasion to the extent that they quit their job, get a divorce, run away, leave my establishment, or begin to cause defimation?
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A car catches fire in a carpark. The resulting fire spreads destroying the entire carpark. Who is liable?
A car catches fire in a multi-story carpark. The fire spreads quickly from the car, igniting nearby vehicles, leading to a raging inferno that causes the collapse of the carpark. All the cars parked ...
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Civil liability for criminal punishment
Eve, as a practical joke, asks Mark to go to a place she describes as a “public park” to fetch a hat she had supposedly left behind. Unbeknownst to Mark (but beknownst to Eve) the area is actually an ...
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Do you owe any duty of care to law enforcement carrying out a search?
There are various circumstances where law enforcement can legally carry out a search of an individual or their property. Are there situations where the person being searched has a responsibility to ...
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Is one witness all that's needed to prove a civil case?
So a couple of weeks ago I parked at my apartment building and when I came back to my car the following day, I found a note that I had hit the car beside me when I parked and that the other party had ...
