Under U.S. law, opinions aren’t censored – however unflattering. But harmfully lying about an individual, group, or business is a civil wrong. Since Jane and Dane live in a state that treats public school teachers as public figures, to win, Jane would have to prove actual malice. Give...
What is the Limit? Punitive Damages in Maritime LawJohn D. Kimball
Because calculating damages can be difficult, the concept of unliquidated damages and liquidated damages has come into play. Unliquidated damages is a broader term, used to describe situations in which it is unclear exactly how much the plaintiff lost and will recover. Often, in cases where damage...
What are consequential damages law? According to Black's Law Dictionary, consequential damages are“losses that do not flow directly and immediately from an injurious act but that result indirectly from the act.” What is the difference between actual and consequential damages?
Defamation Law Is a Civil Law The practice of defamation law is a civil practice. There is no crime for defamation and the police don’t get involved. Instead, when a person is a victim of defamation, they must prepare a lawsuit and file it in court. ...
in international arbitration as it is in domestic litigation. It is also an honor because I would not have considered myself a damages expert in any way, although as a matter of fact I have been—on one or two occasions—an expert on damages. In fact, in one matter, the tribunal agree...
These may arise in many contractual settings. In the business world, indemnification is a safety net, providing parties with financial protection from loss or damages that result from another’s actions. This often leads to more desirable business relationships. Definition of Indemnification ...
It is quite understandable for a landlord to want to protect himself against possible damages by demanding the highest security deposit allowed by law, or that he thinks he can reasonably charge. Landlords can face stiff penalties if they overcharge: up to three times the amount overcharged plus...
General damages are more difficult to predict, although there is a large body ofcase lawand precedents to help. Punitive damages are often the most challenging to estimate. Punitive damages could be much higher if the defendant engaged in willful or negligent misconduct. On the other hand, some...
The freedom of petition is enshrined in the First Amendment, which states: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and...