0
Torts
Torts are civil suits that involve physical damage or injury. A common tort is personal injury in an automobile accident.
1,093 Questions
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.
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.
If the government had not paid a bill for goods or services you may sue in this court?
territorial courtesy
Yes. You should probably press legal criminal charges first. You likely will need a lawyer. Some will work for a percentage of damages awarded.
What is the difference between intentional tort and unitentional tort?
An intentional tort is something that is done with directed intent. Basically, something someone does to hurt someone intentionally as opposed to accidentally-which would be a tort of negligence. The article below goes into more detail about intentional torts and the various types.
Can an incidental beneficiary sue directly to enforce a promisee's promise?
No. Only intended beneficiaries and contract parties can sue for breach of contract.
A tort is an injury or civil wrong doing. In order to prove guilt in tort law, one must prove a series of things. The article below describes the elements of tort law and proving them. Torts are either torts of negligence or torts of intent. Basically the injury or death was intentional or unintentional.
Is negligence an intentional tort?
No. Put simply, the tort of negligence arises when somebody (1) has a duty of care towards others, (2) breaches that duty by engaging in conduct which falls below the relevant standard of care and (3) causes harm to another person (technically, causation and damages are analyzed separately, but I'm trying to keep this simple).
All that's required for negligence is carelessness. Whether or not the tortfeasor intended to cause harm to anybody is totally irrelevant.
What are the remedies for land trespassing?
If the trespassser refuses to leave (usually in a situtation where they believe that they own the land, but do not), you can sue to have them ejected.
Trespass is one of the few torts which is considered to be "actionable per se", meaning that the law deems you to have suffered an injury the instant the invasion of your property occurs, whether or not the property is actually damaged. This is based on the common-law principle that one's land is absolutely inviolable.
Accordingly, if a person enters your property without your permission, and causes absolutely no physical damage, you can still sue them, because you suffered a legal wrong the instant they trespassed. However, you are likely to recover only "nominal" damages, meaning the court will recognize that your legal rights have been violated, but since you suffered no physical or economic harm, order the defendant to pay you a very small sum (awards of $1 are not uncommon in these cases).
Of course, if the trespasser actually causes physical damage to your property, you can sue to recover for those damages.
Can the husband sue or complaint his wife of violation of privacy?
No. There is no privacy when you are married.
What are the three principal aims of tort law?
The three principal aims of tort law are to compensate individuals for harm done to them by the actions of others, to deter wrongful conduct by imposing liability on wrongdoers, and to restore the injured party as closely as possible to the position they were in before the tort occurred.
A legal tort is a civil wrong doing. Basically, tort law applies to physical and emotional damage that is done to another person as a result of negligence. Below is an article that further describes tort law and the elements that must be present to prove a case.
