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Fraudulent concealment is a common law doctrine that may be invoked to toll a statute of limitations. Under this doctrine, if a defendant has concealed his misconduct, then the limitations period shall start from the point when the plaintiff discovers his claim, or should have discovered it with due diligence. [ 1 ]
Punitive damages are entirely unavailable under any circumstances in a few jurisdictions, including Nebraska, Puerto Rico, and Washington. The general rule is that punitive damages cannot be awarded for breach of contract, but if an independent tort is committed in a contractual setting, punitive damages can be awarded for the tort. [25]
The legal rule itself – how to apply this exception – is complicated, as it is often dependent on who said the statement and which actor it was directed towards. [6] The analysis is thus different if the government or a public figure is the target of the false statement (where the speech may get more protection) than a private individual who is being attacked over a matter of their private ...
The ultimate victim of a real estate Ponzi scheme mastermind, who allegedly defrauded millions of dollars from his clients, could turn out to be his own wife of 38 years. The lesson for homeowners ...
Punitive damages (sums intended to punish the defendant) may be awarded in addition to actual damages intended to compensate the plaintiff. Punitive damage awards generally require a higher showing than mere negligence, but lower than intention. For instance, grossly negligent, reckless, or outrageous conduct may be grounds for an award of ...
Nuisance – Denial of quiet enjoyment to owners of real property. A private nuisance is an unreasonable, unwarranted, or unlawful interference with another person's private use and enjoyment of his or her property; whereas a public nuisance is an interference with the rights of the public generally.
A Lexington lawyer faces prison time for defrauding his clients of $2 million by concealing information about real estate properties he was encouraging them to invest in.
The leading case in English law is Derry v.Peek, [2] which was decided before the development of the law on negligent misstatement. In Hedley Byrne & Co Ltd v.Heller & Partners Ltd it was decided that people who make statements which they ought to have known were untrue because they were negligent, can in some circumstances, to restricted groups of claimants be liable to make compensation for ...