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What kind of damages can a plaintiff recover if a defendant's actions have been fraudulent wanton or outrageous?
Wiki User
∙ 10y ago
The kind of damages a plaintiff can recover if a defendant's actions have been fraudulent, wanton, or outrageous depends on the damages to the plaintiff. If the actions are wanton, the damages tend to be higher than if they are simply fraudulent.
Wiki User
∙ 10y ago
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Do you have to give deposition at defendants lawyer's after filing small claims suit?
Defendant should not have a lawyer in Small Claims Court. Most small claims actions forbid having an attorney appear unless the attorney is the plaintiff or defendant.
What does the plaintiff say in court?
The term 'plaintiff' indicates that the question is about the 'wronged individual' a civil case. They testify about the facts pertaining to how they were wronged by an action or actions of the defendant/respondent. These allegations are subject to the cross-examination of the defendants (respondent's) defense attorney.
Is the plaintiff or the defendant listed first in a lawsuit?
The plaintiff's name will be listed first on the summons followed by the term vs. 'whomever'. If the question refers to multiple parties being sued it really doesn't matter as long as all the debtors are named. For example, if it is a joint credit card account, both account holders have to be named as defendants in the suit. When the suit involves a primary borrower and a cosigner the debtors are usually sued in separate actions.
What is the legal term for a person who initiates a lawsuit against another person for neglectful actions or wrong doing?
The legal term for a person who initiates a lawsuit against another person for neglectful actions or wrongdoing is a plaintiff.
What is proximate cause as it relates to the tort of negligence?
Proximate cause in the tort of negligence refers to the legal concept that relates the defendant's actions to the plaintiff's injuries. It implies that the defendant's actions were the primary cause of the harm suffered by the plaintiff and that this harm was a foreseeable consequence of the defendant's actions. In other words, for the defendant to be held liable, the plaintiff must demonstrate that there was a direct link between the defendant's actions and the harm suffered.
What is the preferred defense in a negligence suit?
The preferred defense in a negligence suit is to argue that the defendant did not owe a duty of care to the plaintiff, did not breach that duty, or that the plaintiff's own actions contributed to their injury (contributory negligence or assumption of risk). Additionally, the defendant may argue that the plaintiff's injury was not directly caused by their actions.
What must a plaintiff prove?
A plaintiff must prove that the defendant’s actions caused harm or injury to the plaintiff, that the defendant had a legal obligation to act differently, and that the defendant failed to meet that obligation. Furthermore, the plaintiff must also show evidence to support their claims and demonstrate that they have suffered damages as a result of the defendant’s actions.
What do you need to prove to establish liability for a tort?
To establish liability for a tort, you typically need to prove that the defendant had a duty of care owed to the plaintiff, that the defendant breached that duty, and that the breach of duty directly caused harm or injury to the plaintiff. Additionally, you must demonstrate that the harm or injury suffered by the plaintiff was a result of the defendant's actions and that the plaintiff has suffered damages as a result.
Who is usually the plaintiff in a tort case?
The plaintiff in a tort case is typically the party who claims to have suffered harm or injury as a result of the defendant's actions. They initiate the lawsuit by filing a complaint and seeking compensation or damages for their losses.
What defense provides justification of a tort?
The defense of consent can provide justification of a tort if the defendant can show that the plaintiff agreed to the conduct that caused the harm. This defense asserts that the plaintiff willingly accepted the risk associated with the defendant's actions.
What is the word for dishonest or legal actions?
The word is corruption. It means dishonest or fraudulent conduct by those in power, typically involving bribery.
What is coutributory negligence?
Contributory negligence is a legal concept where a plaintiff's own actions or behavior are considered to have contributed to their own injury or loss. In some jurisdictions, if it is determined that the plaintiff's negligence contributed to the incident, they may be barred from recovering any damages.
