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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
Can you sue spouse for libel slander or defamation of character in ct?
my estranged wife under Oath made a written allegation on an affidavit which subjected another person and me to having had a sexual relationship when she was a minor. This was both untrue and malicious. The other person has written a document supporting this fact. I wish to now to sue for libel and defamation.
How much can you get for a broken femur in a car accident?
I don't think there is much demand for broken femurs, so you probably wouldn't be able to get much for it. My advice would be to have an orthopedic specialist treat it, and then hang on to it for future use.
What is the main focus of tort reform today?
Recent tort reform legislation passed in certain states attempts to put caps on payouts for civil lawsuits, filter certain cases viewed as "frivolous," and make the loser of a lawsuit pay the legal fees of the winner. The law article below discusses tort reform. Tort reform mostly targets and affects personal injury law and medical malpractice.
Self-torture refers to the act of deliberately inflicting pain, suffering, or discomfort on oneself, either physically or emotionally. This behavior can be a sign of underlying psychological distress or mental health issues, and it is important to seek help from a mental health professional if you are engaging in self-harming behaviors.
What are the general defences in action for torts?
volenti non fit injuriya,mistake,act of god,necessity,private defence,inevitableaccident
Can an adult sue a minor for defamation of character?
No , but you can sue their parents. Better make sure you have buckets full of documentation, the minor is not of sub-standard mental capacity, that you attempted to discuss this with the parent[s] and that they refused to listen , and that defamtion was intended , and did you some actual harm , like your spouse left you, you lost money in business or job opportunities , and there was provable malicious intent. See a contingency lawyer to have your case evaluated.
Who can file Wrongful Death Suit in Arkansas?
The estate of the deceased can always bring suit. Anyone that was injured by the death, typically a spouse or a child. And the guardian of a minor can bring it on behalf of the child.
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
What are two torts involving defamation of characters?
Libel and slander are the two main defamation of character torts.
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.
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.
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.
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.
