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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

How can civil liability be reduced?

Civil liability may be reduced by obtaining a liability claim sheet from your local attorney at law, filling it out, and submitting it to the local director of the courthouse or even a judge that is currently presiding.

What is the doctrine of informed choice?

[if the questioner is actually asking about "Informed CONSENT - see discussion page]

How do you file a lawsuit against a lawyer for misconduct?

WHAT type of complaint? If it is a violation of his ethics code, contact your State Bar Association. If it is a criminal complaint, report the offense to law enforcement. If a civil complaint, sue him.

What is the difference between intentional and unintentional tort in the medical field?

The classic unintentional tort, in any field, is negligence. Negligence is an unintentional tort because the tortfeasor does not intend to cause harm, but, through careless behavior, does cause harm.

In the medical field, negligence is generally called "malpractice" - when a doctor or other medical professional fails to exercise the proper skill, judgment, or care expected of such a professional, and through this failure, causes injury to a patient.

An intentional tort in the medical field could include any intentional tort that someone can commit outside the medical field - such as assault, battery, false imprisonment, fraud, etc.

An example of battery that could conceivably be committed by a doctor would be the doctor performing an operation that the patient did not consent to.

What do hackers claim as their defense?

One of the most popular hackers' arguments is that "electrons are free--they do not belong to anybody."

What is the difference between occupational crime and organizational crime?

Another answer could be this one: "By organizational culture rather than the offender or offense which overlaps with organized crime. Appelbaum and Chambliss (1997, 117) offer a twofold definition: Occupational crime which occurs when crimes are committed to promote personal interests, say, by altering records and overcharging, or by the cheating of clients by professionals. Organizational or corporate crime which occurs when corporate executives commit criminal acts to benefit their company by overcharging or price fixing, false advertising, etc."

occupational crime is a crime that is like a job that you do

organizational crime is a crime that is organized and not a random murder, it has been planned

Why would someone sue another?

Civil liability is a way for two people who disagree on something to have it settled by a magistrate. Because of court costs, it only usually happens when there's real money or property involved and the two parties can not come to an understanding on their own.

Most often, a 'lawsuit' is filed simply to scare the other person into conceding their point. It costs very little to have a lawyer draw up a document claiming to be in the process of filing papers for court.

What is a good lawsuit funding company?

I would recommend a company called LawLeaf.

Another great choice would be Hopkins Lawsuit Funding.

Is watercress toxic?

Nope. It is very edible and quite tasty. just make sure you identify it with 100% certainty, then enjoy it as part of a yummyy salad.

If someone has committed a tort of conversion can they be subject to a criminal prosecution?

Yes, something can be both a tort and a criminal offense. For example, if a person steals something they can be criminally prosecuted for theft, and found liable in civil court for the tort of conversion.

Is tort a damage or an injury?

It can be either. "Tort" law refers to the broad category of "civil wrongs" as opposed to criminal offenses.

How do you sue someone if they damaged your house while doing work?

You can hire an Attorney or take you case to Small Claims Court. Either one can produce either favorable or unfavorable results. In my experience, it's almost better to bite the bullet and get on with your life. Be more careful with your selection of Contractors next time.

Sometimes Suing someone can cost you more than you if you just let it be.

Can a person Pierce the corporate veil and sue a corporation?

Here is what I have learned. Good Luck - I'm having the same problem and I expect it will be very expensive in legal fees. * corporate debt is knowingly incurred when the company is already insolvent; * required annual shareholders or board of directors meetings are not held, or other Corporate-Formalities are not observed; * corporate records, especially minutes of directors meetings, are not properly or adequately maintained; * shareholders remove unreasonable amounts of funds from the corporation, endangering its financial stability; * there is a pattern of consistent non-payment of dividends, or payment of excessive dividends; * there is a general commingling of corporate activity and/or funds and those of the person or persons who control the corporation; * there is a failure to maintain separate offices, the company has little or no other business and is only a facade for the activities of the dominant shareholder who is in fact, the corporate "alter ego."

What is 'public policy' in the law of negligence?

Public policy is an important aspect in negligence

S1 of the Compensation Act 2006 provides that courts should consider the wider implications of their decision to impose liability on someone.

An example of public policy= an escaping robber who is injured in a car accident the moral argument of thus is that the law will not assist those engaging in any legal activity.

"opening the floodgates" argument.

Its to prevent any desirable activity from being undertaken and to discourage people from undertaking functions in connection with a desirable activity.

What are the elements of the tort of intentional interference with contractual relations?

Intentional interference with contractual relations occurs when the defendant directly persuades a third party to breach a contract with the plaintiff. There are four elements:

1. The defendant must know that the contract exists, but they do not have to know the details.

2. The defendant must intend to cause the third party to breach the contract, but they don't have to intend to harm the plaintiff.

3. The defendant must actually cause the third party to break the contract. This is distinguished from simply encouraging the third party to breach the contract.

4. The plaintiff must suffer a loss as a result of the breach.

On a claim form is a witnessed signature the same as a notarized signature?

No, it is not the same. A signature that is merely witnessed by some other person is referred to as an "attested" signature. A notarized signature is where the signature is witnessed by a notary public with the notary affixing the appropriate stamp and seal on the document that was signed.If the claim form simply has another line for a witness to sign, it does not have to be by a notary unless the claim form specifically states that it must be by a notary.

How do you use the word tort in a sentence?

Use it as a noun. It can be a subject as in: A tort is a civil wrong. It can be a predicate nominative as in: Negligence is a tort. It can be an object of a preposition as in: Negligence is a type of tort. It can be a direct object as in: He committed a tort. It can be an indirect object: Giving torts a meaning is tough.

What to do if you get injured due to negligence of your neighbor?

If you believe that you should be reimbursed by their insurance carrier, and they refuse to put you in touch with them, file suit against them in civil court.

Additional InformationKeep in mind though that the mere existence of a hazardous condition does not in and of itself constitute negligence. You will need evidence that the negligence was with willful knowledge that you or someone else could be injured.

Also please note that since the advent of Tort Reoform, if you lose your lawsuit in that you can not prove your neighbor knowingly and willfully created a hazardous condition, you will be liable for all your neighbors legal expenses, attorney fees, court costs, discovery and investigative expenses, all lost wages or other lost commerce and opportunities as well as any mental anguish or stress that your neighbor incurs due to a failed suit you brought against them. You will also be subject to punitive damages your neighbor can win against you.

More Information

Added: The second contribution states "you will" be liable for the costs that are enumerated. A more correct statement would be that you could be liable for these expenses IF the defendant/respondant specifically asks for them to be awarded, and the court agrees. Usually this occurs only when there is significant cause for the court to believe that the basis of the suit was false and/or it was filed with malicious intent.

What is the main object of an action in tort?

any action in a tort is to acquire legal compensation only, for the damages

tort is based on the principles of "demnum cyne injuria" and "injuria cyne demno"

I just got a new tortoise and it is 8 months old. She seems to be sleeping a lot and I don't think its normal. How long or often should a tortoise sleep?

It depends...

you should have a heat lamp.

if so, it should be on from 12 am to around 4-5 pm. this will stimulate your tortoise and get it to bask, it is also common for them to sleep while they bask.

What species of tortoise is it?

a tortoise should sleep about 13 hours a night to poperly have a good sleep, but also they take long extended naps during the day.

What are you feeding it, and how often?

I hope this helps you...

Cheers!