Questions tagged [tort]
A tort is a civil wrong that does not necessarily rise to the level of a criminal act although torts and crimes can arise from the same acts or omissions.
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What damages are recoverable in a South Carolina personal injury claim beyond medical expenses?
I am researching personal injury law in South Carolina and trying to better understand the scope of recoverable damages in a negligence-based car accident case.
Aside from medical expenses and lost ...
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What is a self-induced harm or damage called in Roman Law, what is the Latin term?
What is the following situation called (in Roman Law?) in Latin: Some party A accuses some party B due to a damage or harm, but the harm or damage has been caused by actions of party A itself.
My ...
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Reckless endangerment of life and property
What US statute(s) cover (reckless) endangerment of people and property? Let us look into an example. A corporate used car dealer sells a used car they obtained inspection stickers for. (The car was ...
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How would Judge Posner translate Non-Pecuniary Damages for Breach of Contract cases, into tort cases?
In The Economic Approach to Law, Judge Richard Posner wrote,
Tort cases can be translated into contract cases by recharacterizing the tort issue as finding the implied pre-accident contract that the ...
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Can defamation occur without specific intent for false statements about ordinarily non-damaging things?
I've recently argued for a while with a friend about whether defamation requires intent in cases where a false statement would normally be unforeseen to have any potential impact.
The specific ...
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Who are the authors of the Restatement of Torts and how influential are they?
I have seen it suggested that among the authors of the Restatement of Torts there may be law students who could insert unobtrusively some rule that they think sounds fair and that a judge might later ...
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Can someone slander another person on Facebook?
My specific questions are the following:
Can someone take my picture off my Facebook Page and put it on their Facebook page?
What if they do this, slander me, and publish my address?
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Can there be any civil liability for causing personal harm to government officials?
Police generally have Qualified Immunity from civil actions, but is the reverse true for civilians? I have no reason to think so, but I don't feel like I ever hear of police officers suing a private ...
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In a mass shooting, what are the likely charges because of potential victims who weren't actually shot?
Inspired by What is the rationale behind the "attempted murder" concept? I got to thinking about mass shootings, like the 2017 Las Vegas incident. During this event, the shooter fired over 1,...
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Is there any legal recourse for a person who was impacted by a now-bankrupt corporation?
Corporation X has done something injurious to person A.
Ordinarily, A can sue X in a civil court, for damages. If it was a bunch of persons, they can join in class action lawsuit against X.
Surprise ...
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Is revenge porn legal?
Alice and her ex-boyfriend took some pictures of them being intimate.
The ex-boyfriend got the pictures and uploaded one of them on his Facebook account.
Alice can be identified in the photos and ...
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Defamation - Plaintiff or Defendant's State? [closed]
I don't think it's going anywhere but I have a guy I tried buying something from around 5 months ago. He supposedly shipped it but I never received it, there was an error on the tracking number so I ...
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Rent a car to sleep in and end up getting hurt
Let's say I had a friend who owns a rental car company. I tell him I want to rent a car to drive.. also that I might sleep in the car as well.. He then mentions that I could get hypothermia as the car ...
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What is the scope of the parties liable for workplace negligence?
This question specifically relates to a negligence claim and therefore does not relate to any criminal liability. Take the following scenario:
Both Person A and Person B work for the same employee. ...
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Is there a cause of action for intentionally destroying a sand castle someone else has built on a public beach?
Person A went to a public beach early in the morning and spent 8 hours building a magnificent castle from sand.
A had to dig out lots of sand, and overall it was really physically exhausting. The ...
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