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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 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.
No!!!!!! Looks like your trying to pay them off,Its up to the court!!!! You can file a counter claim!!!!
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 InformationAdded: 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"
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!
Technically, the jury renders the verdict in a jury trial, then the judge signs the written judgment based on the verdict. If the case is tried without a jury (a bench trial) the judge as the finder of fact renders the verdict and signs the appropriate written judgment.
Additional: If the questioner is asking who it is that actually delivers (i.e.: first speaks) the verdict out loud; as stated above, in a bench trial the judge will deliver it, but in jury trials it can vary depending on the practice of the court and jurisdiction in which it is located. In some courts the jury foreperson will deliver the verdict, while in others the foreperson surrenders the verdict sheet to the Bailiff who delivers it to the judge who reads it and then hands it to the Court Clerk to actually be read aloud into the record .
Can a chiropractor be liable for squashing your rib causing painwhile trying to adjust your back?
Your question relates to what is referred to as "Medical Negligence" or "Medical Malpractice".
Medical negligence claims are common, but they are VERY expensive to pursue. Most attorneys who handle these types of cases do so on a contingency basis. They don't get paid unless you win your case, and they will take anywhere from 25% to 40% of your settlement or award, depending of a variety of factors. The amount that they earn will be spelled out in a contract between you and the attorney(s).
"Squashing" a rib sounds doubtful. It would take an extreme amount of pressure to literally "squash" a rib. Temporary pain to the soft tissues covering your rib(s) is more likely what you're talking about. If there wasn't any visible sign of injury (like bruising, swelling, a fracture seen on x-ray), it is unlikely that you will be able to find an ethical attorney to handle your case. An ethical attorney will not pursue these types of claims because of the time and expense involved relative to the value of the claim. In other words, the monetary value is so minimal that it isn't worth the time and expense.
On the other hand, there are plenty of unethical attorneys "out there" who will take ANY case. They know that a medical malpractice carrier (the insurance company) repsonsible for paying claims against the doctor is likely to settle even a nominal claim for a few 1000 dollars rather than go through the expense of defending the claim. Attorneys like this give those of us who are ethical a bad name, and are a big reason why insurance premiums are so high.
So ... the answer to your question is, "Yes". A doctor can be held liable. BUT the question of whether he SHOULD be liable, and whether you SHOULD pursue the claim is an entirely different issue.
If you were GENUINELY injured to an extent that you had visible damage, missed time from work, had expenses resulting from the injury, etc., then an ethical attorney will handle your case. If you take your case to 3 different reputable attorneys and each of them refuse to handle your case, my advice to you is to drop the issue.
What is the primary goal of compensatory damages?
To restore, or 'make whole' the aggrieved party. . . as opposed to punitive damages which are intended to punish the violator/respondant.
The question is not worded clearly. If the questioner already HAS counsel and wishes to discharge/fire them, all he has to do is either do it in open court while on the record, or file a motion with the court notifying the judge that they are proceeding pro se. If, right from the outset, they are not engaging counsel, that fact will be included in the information with the court filings for the case. The judge will probably strongly counsel you to retain counsel, but you DO have the right to represent yourself if you wish. Please remember the old lawyer adage: "The man who represents himself, has a fool for a client."
Can you go to jail for a tort?
No, you cannot. A tort is a civil wrong for which you may be liable to another person for damages. It is not a criminal wrong punishable under the criminal law.
Added: Some torts may also be criminal offenses, though. For example, murder is a crime, but you can also be sued in tort for wrongful death in addition to being prosecuted criminally.
Can you take civil action against an executor?
As long as your question is referring to the executor of a will, than the answer to your question is yes.
What does compromise settlement in an injury or wrongful death mean?
It is like Let's Make a Deal. Do you go for the million dollar briefcase or take the money already won. A compromise settlement is agreement between the parties to a personal injury or wrongful death lawsuit to accept some amount of money other than what the plaintiff wanted and that the defendant was willing to pay in order to avoid the uncertainty of results if the matter goes to trial. For example, in an auto accident case, the plaintiff is certain that the jury will find defendant responsible for the accident and award a million dollars. The defendant is certain that the jury will find that the plaintiff is the one responsible. The reality is that at a trial anything may happen. Total win or total loss. All or nothing. Maybe somewhere in the middle. In order to ensure plaintiff will get something, he settles for less than he thinks he is entitled to. In order to ensure defendant will not have to pay some exhorbitant amount he settles for a bit more than he thinks he is responsible for. Each side compromises his/her claim and settles the case.
