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What kind of negligence denies liability for all damages on the grounds of negligence on the part of the plaintiff?
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∙ 11y ago
Contributory Negligence
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∙ 11y ago
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What is malicious prosecution in tort?
malicious prosecution,i would say, is an action for damages against the plaintiff by the defendant on various grounds....but solely out of malice,ill-will,spite....when i mentioned various grounds i meant that they were just excuses that the defendant used to prosecute the plaintiff whereas in fact his main reason was malice. here,the plaintiff and defendant can be old enemies or even competetors in the industrial realm or otherwise.Also, this case of malicious prosecution will not be justified by facts....rather it will be a a case brought about just to injure he plaintiff.
What are the grounds for malpractice against an attorney in PA?
Legal negligence is the only grounds for malpractice against an attorney in PA. There is no specific definition for legal negligence. However, a lawyer can be accused of negligence when he or she is careless and neglects to provide a client with quality legal service.
Can you sue your ex wife for damages?
Possibly, to file and have a chance of winning a lawsuit the person must have grounds to file the suit and provide evidence to prove that damage was incurred due to negligence or a deliberate harmful action by the defendant.
Intentional interference with contractual relations requires a showing of bad faith before liability can be imposed.?
Yes, for example in the Lumley v Gye case, the plaintiff's claim that the defendant had caused a third party to breach a contract with the defendant was rejected on the grounds that the plaintiff had acted in good faith. Meaning the defendant did not intend for any contract to be broken.
In Louisiana if a plaintiff loses a civil case due to the testimony of an expert can the plaintiff hold the expert witness personally liable for damages?
No, not unless the "expert" gave false testimony which would set the stage for an appeal by the either side. The purpose of having an expert witness testify in any case civil or criminal is to sway the jury to the side that is presenting the evidence, so the plaintiff would have no grounds to sue someone who presented factual, truthful claims.
If the cosigner sues the primary and the primary has never defaulted on the loan will they be likely to win?
If the cosigner has not been financially impacted by the actions of the primary borrower, then there is not valid grounds for a lawsuit. This does not mean the suit could not be brought, but the plaintiff would be wasting time and money as a judgment cannot be awarded where damages have not occurred.
On what public policy policy grounds is strict liability imposed?
Strict liability is imposed on public policy grounds when it is necessary to promote public safety and protect against potential harm. It is often applied in cases involving dangerous activities or products, where there is a high risk of injury or damage. By imposing strict liability, the law aims to deter negligence and ensure that responsible parties take necessary precautions to prevent harm.
What document sets the grounds for the court's jurisdiction basis of the case and the relief that the plaintiff seeks?
what web site d.h.s. case
Your son was attacked by a pittbull should you file a civil case against the owners?
Should you, or can you? If your child was injured as a result of the owner's negligence with regard to their maintenance of their dog, then you certainly have grounds for a suit. Depending on what state you are in, there may also be a strict liability statute, whereby the owner is liable for the injuries caused by the dog regardless of their negligence. Whether you should sue someone is a moral question - and depends on too many factors to be addressed in this forum. But whether you can sue - to that I can safely answer, probably yes.
Can you be sued if someone falls on your property while soliciting?
Yes, it is possible to be sued if someone falls on your property while soliciting. Property owners have a legal duty to maintain safe conditions, and if someone is injured on your property due to your negligence, they may have grounds to sue for damages. However, each case is unique and it's recommended to consult with a legal professional for advice specific to your situation.
What legal rights do you have if the pharmacist gives you the wrong prescription strength?
You seem to have grounds for a civil suit for damages, IFyou, or the recipient of the medication, suffered harm.
Can you sue a lawyer for malpractice?
Yes, although the matter would likely be incompetence rather than malpractice. In the US a lawsuit can be inititated under almost any circumstances. The main factor to consider before filing suit is if there are valid grounds to file and enough substantiated evidence to prove the plaintiff's claim. The more "hard" evidence the plaintiff has the better the chance of winning any type of suit.
