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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
Difference between Absolute Liability and strict liability?
The distinction between strict and absolute liability can be seen by examining the issue of causation.
For strict liability offenses no evidence of intent or any other mens rea is required. It is however normal for the prosecution to be required to prove causation. For example, in speeding it is necessary to prove the defendant was "driving", but not that he intended to drive faster than permitted, or even that he knew he was doing so.
Just like strict liability, absolute liability offences do not require evidence of intent or mens rea. As for causation, the prosecution only has to prove that the proscribed event occurred or situation existed, then the defendant will be liable because of his status.
So, in the EMPRESS CAR CASE the company was liable for the pollution of the river even though the diesel tap was turned on by an unknown stranger
Yes, businesses can technically commit torts. Usually the tort is attributable to the business because of the actions of an employee within the scope of their employment. Under what is known as "vicarious liability" the employer, rather than the employee him- or herself, is responsible for the employee's actions while performing their job, with certain limitations.
What to do if I broke my neighbors car mirror with a tennis ball?
You are responsible for any damages you have caused to your neighbor's car. You should notify them and take the responsibility for your actions. They may file a claim with their insurance agency who may seek compensation from you, or you may be able to settle it without involving the agent. Either way, be prepared to pay.
Not as a loan but if you put it into an account such as savings or checking it can then be taxed
A loan is NEVER taxable. (If you invest the money in something, say get paid interest on it, that interest may be taxable, but the principal of the loan never is). Nor is it's repayment ever tax deductible.
A loan does NOT change or increase your net worth. The amount you borrow is entirely offset by an equal amount you owe. A loan is NOT income.
The receipt of loan amounts that are genuine arms-length transactions where there is a legitimate expectation of being repaid are not includible in gross income, because there is a genuine expectation of a liability arising from the duty to repay, and thus loan proceeds, if the transaction proceeds as expected, do not constitute an accretion to wealth.
Interest paid on loan proceeds is includible in gross income.
Most, but not all, discharges of indebtedness are includible in gross income under Title 26, United States Code, section 61(a)(1) [I.R.C. section 61(a)(12)]. However, see Title 26, United States Code, section 108 (I.R.C. section 108) for specific items of discharge of indebtedness that are excludible from gross income.
Can you sue police for slow response time?
Not unless you can prove a gross, intentional negligence. Police agencies are typically immune to lawsuits. Your best bet is probably to make your concern into a political issue by petitioning local representatives, city councilors, etc. to bring attention to slow response times.
However, you should consult an attorney if you feel you have a legal claim, with the full details of your case, as only a qualified attorney - which I am not - can give you completely accurate legal advice.
If the other driver suffered property damage or was injured, he can sue the driver who caused the accident, regardless of the speed of collision.
The term "tort reform" is a term coined by insurance companies and big business. While there are some exceptions to the rule, generally, tort "reform" is only beneficial to the insurance companies and big corporations. It's usually HORRIBLE for the consumer/average person.
When does a tort of defamation occur?
Defamation occurs when an individual says (slander) or publishes (libel) something false about another individual and the information is heard/read by others to the detriment of the individual being spoken/written about.
Can you sue for someone trying to get you fired?
There is no specific law against trying to get someone fired, so it depends on the exact details of your circumstance. You should consult a qualified attorney (which I am not) in your area for more accurate legal advice.
In order to have standing to sue you must have incurred some damages and to be successful you must be able to produce evidence supporting your claim. In this type of situation, if you do have cause for suit you would likely be suing for defamation of character.
Can I sue a business if I fell and broke my collarbone and it was someone elses fault?
Do you mean someone else other than the business? It depends on who "someone else" is. If "someone else" is an employee of the business, than you may be able to sue the business under agency law (the employee, in the eyes of the law, is acting as the business). If you mean "someone else" as in someone who has no stake in the business, you will probably only be able to sue that individual. I am assuming you fell on the business' property and that is where you feel you may have a claim against the business. If some action or lack of action on the part of the business or one of its employees (acting as employees) caused your injury, you may have a claim against them. If a third party intentionally injured you on the business' property, you may only have a claim against the business if the business reasonably should have foreseen that a violent act would occur on its property but failed to take steps to reduce the risk (e.g. if you broke your collarbone when you were being mugged and there is a history of such crimes on that property or in the vicinity).
You should consult an attorney (which I am not) for a full, professional review of your legal rights and potential claims.
It depends on which State the case occurred in. If it is the other party's attorney who caused you damage outside the boundaries of the rules of attorney conduct, you cannot sue them for malpractice. However, in some states, such as Pennsylvania, you can sue the opposing counsel for abuse of process or other torts such as fraudand tortious interference with contractual relations or prospective enrichment. Reseach these laws for your state by performing an online search. There is a multitude of supporting case law from their Superior and Supreme Courts that will support your complaint. Good sources are Google scholar and Justia.com for free case searches. The more people who do this, the less corruption we will have in our legal system.
If you stab someone will they die?
It depends on where i it that you stab them. If they deserved it, Then you should do it in the eyeball, So that they dont die, But suffer painfully for the rest of there lives..Teehee
How does standard of care apply to breach of duty?
Understanding the applicable standard of care is essential in determining if a legal duty has been breached.
The standard of care is the amount and type of care which must be exercised by a person in a given situation.
A breach of duty (of care) occurs when a person's conduct falls below the relevant standard.
See related link for an example.
You hurt yourself at work can you sue?
You could sue but it is very likely that you wont get anything unless someone does hit you or you cover it up very well. So try not to get caught and don't leave evidence that you did it to yourself. Or your screwed
What is the doctrine of vicarious liability?
The doctrine of vicarious liability describes the responsibility of a person for another's torts. The typical example of this is an accident at work - an employee may have caused an injury to another employee through negligence in which case the employer is known to be vicariously liable for the torts of his servants. In other words the employer can be sued directly as though his employee's negligence was his negligence. Please see related links below for an accident at work FAQ by a UK solicitor.
If the government had not paid a bill for goods or services you may sue in this court?
territorial courtesy
What ARE the modes and discharge of tort?
If a tort is committed aright of action arises in favour of the injured person.It comes to an end by one of the following methods.Thus the extinction of liability is known as "Discharge of Torts".
1. Death of one of the Parties
2. By Judgement recovered
3. By Limitation
4. By Waiver
5. By Release
6. By Accord and Satisfaction.
1. Death of one of the Parties :
Death of one of the Parties ,it means Previously death extinguished all the liabilities of the person.But after the Law Reforms Act 1934,it was decided that death extinguished only the liability for personal torts like defamation,assault etc..All the other causes of action survive to the legal representatives of the deceased.
2. By Judgement recovered :
If an action is brought before the court seeking redress for the tort committed and the judgement is given,the liability for that particular tort comes to an end.If the plantiff fails,he cannot go in for another legal proceedings.
3. By Limitation :
According to law,for every enforcement of person's right a certain period is fixed.This is done on the basis that law will not help dormant persons.Moreover,a person will not be able to establish a defence due to death of witnwss or loss of evidence,after certain time.
4. By Waiver :
By Waiver of Torts,for the same wrong,if there are more than one remedy and the plantiff selects one remedy and leaves the others,he is said to have waived the other remedies.He cannot pursue the remedies,which he had given up.Waiver may be either express or implied.Waiving of torts means that only the right to recover damages for the torts is waived and not the whole of tort is waived.
5. By Accord and Satisfaction :
If the plantiff and the defendant agree to settle the liability by valuable consideration,the tort is discharged.This agreement is called "accord" and the consideration is called "satisfaction".When the satisfaction is performed the right of action comes to an end.
6. By Release :
By release, the injured party releases the wrongdoer by a document,then the liability is discharged.In accord and satisfaction there is valuable consideration,but in this method there is no consideration.
7. Acquiescence :
When a person who is entitled to enforce a right neglects to do so for a very long time,it is impliedly inferred that he has waived or abandoned his right.His right of action is taken away by such undue delay.
Yes. You should probably press legal criminal charges first. You likely will need a lawyer. Some will work for a percentage of damages awarded.
