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When the lender contracts out for the a rept to a CA repo agent and that party contracts to a 2nd party Texas agent to complete who is responsible for the damages incurred during the repo?
Wiki User
∙ 18y ago
Regardless of who the agent is that actually repossesses a vehicle the responsibility will remain with the agency that actually accomplished the repossession, however, the Creditor is ultimately responsible for the actions of the agents that they assign an account to. The assigning agency, if they had no actual part in the repossession will probably not be responsible.
Wiki User
∙ 18y ago
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Why would professionals purchase errors and omissions insurance?
Professionals purchase error(s) and ommission insurance to have protection against claims against them of faulty services in which a monetary value can be affixed according to damages incurred.
What can you expect from your hair salon after they burnt your hair?
Well, they should pay you back for any damages and pain they may have caused. If they were at fault, then the salon should be help responsible to compensate you. Otherwise, I don't know if I would trust the salon again. I would just switch salons, instead of running the chance that the same mistake happen again.
What are the rights of unpaid seller?
The seller's personal remedies against the buyer by way of action for the price of the goods or for damages for non-acceptance are discussed in chapter 8. An unpaid seller may also have certain rights in rem-against the goods themselves - rights which are of special value in the case of the buyer's insolvency or inability to pay the price or damages.
What are the different types of risks involved in a business and how to overcome such risks?
The major risks involved in a business are : 1) Competition 2) Credit giving 3) damages and losses
What are the right of unpaid seller against the buyer?
Rights of Unpaid Seller against the Buyer PersonallyThe unpaid seller, in addition to his rights against the goods as discussed above, has the following three rights of action against the buyer personally:1. Suit for price (Sec. 55). Where property in goods has passed to the buyer; or where the sale price is payable 'on a day certain', although the property in goods has not passed; and the buyer wrongfully neglects or refuses to pay the price according to the terms of the contract, the seller is entitled to sue the buyer for price, irrespective of the delivery of goods. Where the goods have not been delivered, the seller would file a suit for price normally when the goods have been manufactured to some special order and thus are unsaleable otherwise.2. Suit for damages for non-acceptance (Sec. 56). Where the buyer wrongfully neglects or refuses to accept and pay for the goods, the seller may sue him for damages for non-acceptance. The seller's remedy in this case is a suit for damages rather than an action for the full price of the goods.The damages are calculated in accordance with the rules con­tained in Section 73 of the Indian Contract Act, that is, the measure of damages is the estimated loss arising directly and naturally from the buyer's breach of contract. Where the goods have a ready market the principle applicable is that the seller may recover from the buyer damages equal to the difference between the contract price and the market price on the data of the breach of the contract. Thus, if the difference between the contract price and market price is nil, the seller can get only nominal damages ( Charter vs Sullivan). But where the goods do not have any ready market, the measure of damages will depend upon the facts of each case.For example, in Thompson Ltd. Vs Robinson the damages were assessed on the basis of profits lost. In that case, T Ltd., who were car dealers, contracted to supply a motorcar to R.R refused to accept delivery. It was found as a fact that the supply of cars exceeded the demand at the time of breach and hence in a sense there was no market price on the date of breach. Held, T Ltd., were entitled to damages for the loss of their bargain viz., the profit they would have made, as they had sold one car less than they otherwise would have sold. To take another illustration, if the goods have been manufactured to some special order and they are unsaleable and have been manufactured to some special order and they are unsaleable and have no value at all for other buyers, then the seller may even be allowed the full price of the goods as damages.1. Suit for special damages and interest (Sec.61) This Section entitles the seller to sue the buyer for 'special damages' also for such loss "which the parties knew, when they made the contract, to be likely to result from the breach of it." In fact the Section is only declaratory of the principle regarding 'special damages' laid down in Section 73 of the Indian Contract Act. The Section also recognizes unpaid seller's right to get interest at a reasonable rate on the total unpaid price of the goods sold, from the time it was due until it is actually paid. (Telu Ram Jain vs Aggarwal & Sons).(a) Suit for Damages for Non-delivery [Section 57] Where the seller wrongfully neglects or refuses to deliver the goods to the buyer, the buyer may sue the seller for damages for non-delivery.(b) Suit for Specific Performance [Section 58] In any suit for breach of contract to deliver specific or ascertained goods, the court may direct that the contract shall be performed specifically.(c) Suit for Breach of Warranty [Section 59] Where there is a breach of warranty by the seller, or where the buyer elects or is compelled to treat any breach of a condition on the part of the seller as a breach of warranty, the buyer is not by reason only of such breach of warranty entitled to reject the goods, but he may -(i) Set up against the seller the breach of warranty in diminution or extinction of the price; or (ii) Sue the seller for damages for breach of warranty.Note: The fact that a buyer has set up a breach of warranty in diminution or extinction of the price does not prevent him from suing for the same breach of warranty if he suffered further damage. [Section 59(2)]Example: X sold a second hand Radio to Y who spent Rs 100 on the repair of this Radio. This Radio was seized by the police as it was a stolen one. Y filed a suit against X for recovery of damages for breach of warranty of quite possession including the cost of repairs. It was held that Y was entitled to recover the same. [Mason v. Burmingham](d) Right to Treat the Contract as Rescinded or Operative in Case of Repudiation of Contract by Seller before due Date [Section 60] Where seller repudiates the contract before the date of delivery, the buyer may either treat the contract as subsisting and wait till the date of delivery, or he may treat the contract as rescinded and sue for damages for the breach.(e) Suit for Interest [Section 61(2)] In case of breach of the contract on the part of the seller, the buyer may sue the seller for interest from the date on which the payment was made.
Your son who has a car and his own car insurance used your car for the weekend he was in a accident the fault so far lies with the other driver whose insurance is responsible for the damages to your c?
The driver at fault is always responsible for damages incurred during an accident. The at fault insurance company is responsible for damages to your car.
What types of contracts are required for furniture rental?
They may require a credit check. Then just the rental contract. You will be responsible for damages.
Who is responsible for damages caused by a juvenile?
Typically, parents or legal guardians are held responsible for damages caused by a juvenile. They may be required to pay for damages or compensate the affected party. In some cases, the juvenile themselves may be held responsible, depending on the circumstances and the laws in the jurisdiction.
Are you at fault for an accident caused by a medical condition?
Yes. If you were at fault then you are liable for the damages you incurred.
Is a homeowner responsible for damage from a limb if they're notified prior to it actually falling?
Yep, If you received notification and took no reasonable and prudent action to mitigate a loss you can be held liable through negligence for the damages incurred.
Can you sue an attorney who represtented you in a bankruptcy but you incurred financial damages resulting from his negligence?
Yes, if you can prove that the he actually was negligent, and that his negligence caused your financial damages.
Is the person responsible for a boating accident supposed to pay for damages?
Usually anyone that is responsible should pay for damages that they caused.
If a wrongful action is made with no injury to a patient does a tort exist?
Not usually. Civil law exists that an individual who has wrongly incurred damages might be made whole again. It doesn't exist to enrich people who have incurred no damages even if a technical wrong occurred.
Is an insured driver on your policy responsible for damages that they have not repaired on your vehicle?
== == In the event that you got into a car accident and it was not your fault but the other driver's, if he is insured, his insurance company is liable to pay for the damages of your vehicle. On the other hand, if the other driver is not insured, your own insurance company, provided you have a policy regarding uninsured or underinsured drivers, will be responsible for the damages your vehicle has incurred. They however, may have a right of action against the person responsible for the accident. The person who caused the damage to your vehicle is ultimately responsible for the damage to your vehicle regardless of whether there is an applicable insurance coverage or not. Whether you actually have the repairs done is none of their business.
What is a Mitigation stategey?
A mitigation strategy is a way to control damages. It is a way to decrease the cost of damages and recoup some of the losses incurred when a tort is committed against someone.
What happens if you get in a car accident the day before your coverage starts?
Then you where not covered. You are personally responsible for all damages you incurred unless the accident was not your fault. You should not have been driving a car without insurance. You now must pay for that mistake. Learn from it.
Are you responsible for damages in the house you rent Arizona I never signed a walk-through form listing prior damages are they going to hold me responsible for previous damages?
The can hold you reliable and you can dispute it in court
