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Torts

Torts are civil suits that involve physical damage or injury. A common tort is personal injury in an automobile accident.

1,093 Questions

If someone hacked into your account is it possible to sue him?

no unfortinatly it isn't unless u have full proof such as seeing him do it if u suspect someone or they have told you you can try and find out more about it by talking to them but you cannot really sue them. sorry mate

What are the essential elements of the law of torts?

The essential elements of the law of torts include the existence of a duty of care owed by the defendant to the plaintiff, a breach of that duty, causation linking the defendant's breach to the plaintiff's harm, and the plaintiff suffering actual harm or loss as a result of the breach.

What is the relationship between Breach of Duty and Standard of Care?

Breach of duty refers to failing to meet the standard of care expected in a particular situation. The standard of care is the level of care and skill expected of a reasonable person in similar circumstances. A breach of duty occurs when someone falls short of meeting this standard.

Can you sue a revocable living trust?

While you can't sue the trust itself, you CAN sue the grantor (owner) of the trust, because anything that's in the trust is treated as being owned by the grantor.

For instance, if you set up a revocable living trust and put all your assets in it, the trust DOES NOT protect your assets from seizure by creditors or judgments, because everything in the trust is still owned by you.

The main purpose of a revocable trust is for your heirs to avoid going through probate when you die; otherwise it provides no legal protection for you or your estate.

So to answer your question literally, no you can't sue the "trust", but if you're asking can someone seize money in the trust if they sue you and win, then yes, they most certainly can.

Name four example of tort law?

The four main areas of tort law (based on AUSTRALIAN legal principles) are Nucience, Negligence, Defamation and Tresspass. Negligence is where a duty of care to a party has been breached by a second party Nucience is where a party interrupts the right of another party to quiet enjoyment of their property Defamation is the tort that covers a persons implied right to a good reputation Tresspass refers to the right of a person to private enjoyment of their property (i'm pretty sure) I am unsure wether this is the same in the country where you are, but these are the four civil torts that apply in australia. Please check before using this information :)

Where can I sue my wife for bigamy?

In whatever court has jurisdiction, probably where you both live. Or where you live, if you are apart.

However, has she been arrested, charged and convicted of bigamy? For it is a crime. If she has not, you are unlikely to win a civil judgment against her.

Consult with an attorney on this one. Such things involving marriage can be very complicated. The more so if there is more than two people involved.

Give the General defenses in tort of law?

General defenses in tort law include contributory negligence (plaintiff's own negligence contributed to the harm), assumption of risk (plaintiff voluntarily assumed a known risk), and statute of limitations (plaintiff filed the claim after the allowed time period). Other defenses may include self-defense, necessity, and consent.

Is throwing a rock through a window a form of trespassing under tort law?

Throwing a rock through a window can be considered a form of trespass to land under tort law if it results in damage to the property. Trespass to land typically involves an unauthorized physical intrusion onto someone's property or interference with their possessory rights. Damage caused by throwing the rock could lead to liability for the trespass.

What is difference between tart and tort?

A tart is a baked dish with a filling over a pastry base, often sweet but can also be savory. A tort is a type of cake or dessert originating from Europe, particularly Eastern Europe, often made with ground nuts or breadcrumbs as the base. Tarts are typically flatter and have a pastry crust, while torts are usually thicker and denser.

Is compensatory settlement taxable?

According to the IRS, compensatory damages you receive for personal physical injury or sickness are not taxable. There are, however, instances when they are taxable so it is important to check with an attorney.

Patterns in suggest that the creator was usually being intentional?

Patterns in design or creation usually suggest that the creator was intentional in their choices and actions. Repetition, symmetry, and coherence in a pattern indicate deliberate thought and planning behind the creation process. The presence of patterns often signifies a clear intention or purpose behind the design.

What are some examples of tort laws?

Examples of tort laws include negligence (such as car accidents), intentional torts (like assault or defamation), and strict liability torts (such as product liability). These laws govern civil wrongs that result in harm or injury to another person, leading to legal liability for the responsible party.

What is a unintentional tort?

An unintentional tort is what most torts are. The opposite of an intentional tort-something that is done on accident that seriously injures or kills another person but can be linked to negligence.

Average settlement for age discrimination?

The average settlement for age discrimination cases can vary widely depending on factors such as the specifics of the case, the damages sought, and the jurisdiction. However, settlements for age discrimination cases can range from tens of thousands to hundreds of thousands of dollars. It's important to consult with a legal professional for a more accurate assessment based on the details of your case.

How much is for trespass for?

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How long does it take to get your money after a discrimination suit?

The timing can vary significantly, but typically it can take several months to several years to receive a settlement or judgment payment after a discrimination suit. This timeline may be influenced by the complexity of the case, the court's docket, and any appeals or negotiations that take place.

How much does a court clerk make in a year?

A court clerk is about $42,920 in a year as the lowest paid clerk earns about $23,690 whereas the highest paid clerk earns about 41,070 in year. A court clerk refers to an officer who is charge of maintaining records of the court and also administering oaths to the witnesses.

In a medical malpractice lawsuit might the fact that the patient became more ill because he forgot to take his medicine affect the outcome of the case?

Yes. In most states, the patient could be deemed to be contributorily negligent. That means that, while the doctor could possibly be found negligent, the patient could also be found negligent, and any damages awarded at trial would be multiplied by the percentage of the doctor's negligence. If the doctor could show that the patient's failure to take the medicine entirely caused the patient's injury, then the patient would be awarded nothing.

If you are a doctor involved in a medical malpractice case, you should be represented by a tort attorney who specializes in health care law and/or malpractice cases. If you are a patient suing your doctor, you should be represented by a personal injury attorney with experience in medical malpractice issues.

How much can you sue for defamation of character?

The amount you can sue for defamation of character varies based on factors such as the extent of the harm caused, the jurisdiction, and the individual's financial losses. In general, damages sought in defamation cases may include financial compensation for lost income, damage to reputation, emotional distress, and punitive damages. It is advisable to consult with a legal professional to determine the appropriate amount to seek in a defamation case.

Can a tort be a civil wrong?

A tort IS a civil, as opposed to a criminal, wrong.

What is the difference between the plaintiff and the defendant?

The plaintiff is the person/organization alleging wrongdoing and asking the court to grant relief (usually in the form of money from the defendant); the defendant is the person/organization that is accused of the wrongdoing.

What are torts and contracts examples of?

Torts are civil wrongs that cause harm or loss to another person, such as negligence or defamation. Contracts are legally binding agreements between parties that outline their rights and obligations, such as buying a house or hiring services.

What are some examples of unintentional torts?

Some examples of unintentional torts include negligence, which occurs when someone fails to exercise reasonable care and causes harm to another person, and strict liability, which holds a party liable for harm caused by their actions even if they were not negligent. Product liability is another example, where a manufacturer may be held responsible for injuries caused by a defective product.

Why is causation important in negligence cases?

The burden of proof regarding causation is on the plantiff. Causation is important because - sometimes - a person may have died in a hospital (for example) for reasons other than negligence (for example, a pre-existing condition rather than actual negligence...and negligence must be proven).

Typically, an expert witness will show causation (or an act of negligence) for the plantiff, but the defense counsel will rigorously oppose any plantiff expert witness.

The litmus test for neglegence is usually permanent harm or death. Otherwise, the odds are lessened in a personal injury suit.

What is person who comitts a tort called?

The person who commits a tort is called the tortfeasor. They are responsible for causing harm or injury to another person, either intentionally or negligently.