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In such a circumstance, B is entitled to get Rs 10 from A under the law of torts. However, B might prefer to apply law of restitution instead (waiver of torts), and claim that he needs a copy of G rather than Rs 10. Whether or not a claimant can seek restitution for a wrong depends to a large extent on the particular wrong in question.
Civil penalties occupy a strange place in some legal systems - because they are not criminal penalties, the state need not meet a burden of proof that is "beyond a reasonable doubt"; but because the action is brought by the government, and some civil penalties can run into the millions of dollars, it would be uncomfortable to subject citizens ...
A new law in Texas requires convicted drunk drivers to pay child support if they kill a child’s parent or guardian, according to House Bill 393.. The law, which went into effect Friday, says ...
The English law of Restitution is the law of gain-based recovery. [1] Its precise scope and underlying principles remain a matter of significant academic and judicial controversy. [ 2 ] Broadly speaking, the law of restitution concerns actions in which one person claims an entitlement in respect of a gain acquired by another, rather than ...
Whether your bank refunds money lost in a scam depends on several factors: the type of scam, how you sent the funds, the bank’s policies and if you authorized the transaction. Learn more in our ...
In 2008, Human Rights Watch published a report comparing United States victims' rights laws to international human rights standards, which found that "while U.S. Jurisdictions, both federal and state, have made significant progress in recent decades, much more can be done to ensure that victims' rights and legitimate interests are upheld."
The DOJ said the state Senate’s Legal Services Office paid a Black staff attorney about half the salary of her white peers, in violation of the Civil Rights Act of 1964.
As civil forfeiture may not be allowed, a new practice has emerged: By classifying valuables such as cars, cellphones, and wallets with cash as evidence, the police can keep them and make it very difficult and time consuming to get them back. The police can sell the items after 120 days. [107]