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In the United States, though rarely awarded in tort cases, punitive damages are available and are sometimes quite staggering when awarded. [ae] Limits on damages for pain and suffering are another category of tort reform. While tort compensation easily applies to property damage, where the replacement value is a market price (plus interest ...
Although federal courts often hear tort cases arising out of common law or state statutes, there are relatively few tort claims that arise exclusively as a result of federal law. The most common federal tort claim is the 42 U.S.C. § 1983 remedy for violation of one's civil rights under color of federal or state law, which can be used to sue ...
The Federal Tort Claims Act (August 2, 1946, ch. 646, Title IV, 60 Stat. 812, 28 U.S.C. Part VI, Chapter 171 and 28 U.S.C. § 1346) ("FTCA") is a 1946 federal statute that permits private parties to sue the United States in a federal court for most torts committed by persons acting on behalf of the United States.
Remedies available vary depending on the type of tort committed and include: Damages – Monetary compensation or restitution for the claimant under the principle of restitutio ad integrum . Injunction – A court order requiring or forbidding an individual or entity to take/from taking a particular course of action.
The Tenth Circuit overturned a dismissal granted by the District Court of Colorado due to lack of personal jurisdiction in a case involving a copyright dispute over an eBay auction. The Court applied a five-part test that asked: 1. whether the defendants have committed an intentional action 2. that the action was expressly aimed at the forum state
In following the ratio decidendi of the Supreme Court of Canada in the case of Bazley v Curry, [61] the House of Lords established a newer test for finding liability in cases of intentional torts; where a tort committed by an employee is closely connected to their duties, their employer may be found liable. [62]
In a limited range of cases, tort law will tolerate self-help, such as reasonable force to expel a trespasser. This is a defence against the tort of battery. Further, in the case of a continuing tort, or even where harm is merely threatened, the courts will sometimes grant an injunction. This means a command, for something other than money by ...
The first attempts to establish a coherent choice of law rule for tort cases involving a foreign law element varied between favouring the lex fori (i.e. the law of the court) and the lex loci delicti commissi (i.e. the law of the place where the tort was committed).