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  • finally you have damages

  • so you had a duty and you breached it and it caused harm

  • did the harm cause any damages? how much money were the damages worth?

  • there are basic damages that get paid to replace property or pay medical bills

  • there are also nominal damages where you did something that was a tort but it

  • didn't cost very much so a number as just been assigned to it

  • usually this is just $1 plus if you act especially badly

  • particularly if you committed an intentional tort

  • the court might add punitive damages as well

  • where you pay extra money as a punishment

  • in a case where more than one person helped cause the damages

  • the court will help split the costs among them

  • based on how much harm each cost if it can

  • sometimes there is no way to tell so the court assigns

  • 100% of the harm to each one

  • it doesn't mean the damages can be recovered more than once

  • just that the person who got hurt doesn't have to deal with trying to

  • collect from someone who doesn't have enough money

  • if you get sued for negligence there are ways for you to defend yourself

  • no, legal defenses... still no

  • one defense you can use is the person you hurt was also being negligent

  • in most places they'll still be able to sue you they'll just get less money

  • because their damages will be reduced by the percentage

  • that they are at fault for the accident

  • there are a few places though where you can't sue at all if you

  • did cause any portion of the harm

  • another defense is assumption of risk

  • this is where the court decides that you agreed to accept the risk of harm

  • from something dangerous

  • so once you agree to that you can't turn around and say you want to sue

  • under the famous "no backsies" doctrine of law

  • the difference between consent and assumption a brisk is that consent

  • is agreeing to let someone do harm to you

  • where assumption of risk is agreeing to do something like drag racing where harm might happen

  • plus you can assume risk without saying anything

  • just by knowingly doing the dangerous thing

  • while consent generally requires you to come out and say it

  • if you do assume the risk, you don't assume the risk of someone acting

  • with gross negligence which is basically someone acting recklessly

  • where negligence is making a mistake you should have avoided

  • recklessness is acting without thinking about the consequences at all

  • and putting others in great danger

  • the exact difference between negligence recklessness is hard to nail down

  • except in specific cases

  • a more technical defense is the statute of limitations

  • under the law you can only file a lawsuit within a certain amount

  • of time from the damage

  • the idea is that you don't want people bringing up cases from 50 years ago

  • you want things to go to court when they're fresh and all the witnesses

  • are around and then get them dealt with

  • the actual time period depends from place to place

  • similarly, different places have different rules about whether the period

  • counts from when you were injured

  • or when you discovered the injury

  • can be a big difference and

  • finally there are immunities or people you're just not allowed to sue

  • it used to be their husbands and wives couldn't sue each other

  • but that's not true anymore

  • to the great delight of marriage counselors everywhere

  • in many places children either aren't allowed to sue their parents before

  • they turn 18, the children not the parents, though

  • some places allow a child to sue their parents in certain situations

  • you can only sue the government if it has passed a law allowing you

  • to sue in specific circumstances

  • which is no doubt good news for the DMV

  • you are allowed to sue an employer for harm their employees cause though

  • as long as the harm is caused while the employee was doing their job

  • so it might really depend you can or can't sue in each case

  • and there you have it

finally you have damages


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B1 中級

17分でわかる不法行為法(その4 (Understand Tort Law in 17 Minutes (Part IV))

  • 17 6
    Amy.Lin に公開 2021 年 01 月 14 日