Hot answers tagged torts-damages
8
Shulchan Aruch, Choshen Mishpat 421:5 says (in my own translation):
Two who wrestled together, and one knocked the other to the ground so that he fell and got blinded, he's not liable.
The S'ma explains:
The reason for this is: Since they both wrestled willingly, each intending to knock down his fellow, and each knowing that it's impossible to be ...
3
Aside from the fact that most prize fights are on Friday or Saturday night (often before Shabbos is out), I'm not sure there is a problem. Chabad apparently doesn't think so as they have heavily promoted one of their own, welterweight fighter Dmitriy Salita (35-1-1), since he became frum and turned pro 12 years ago. (He's fighting former champion Hector ...
3
Mishneh torah Hilkhot Nizqei Mamon 13:18[19]( and Shulchan Arukh Choshen Mishpat 416) says( in Eliyahu Touger's translation):
When a wall or a tree falls into the public domain and causes damage, the owner is not required to compensate [for the damages]. [This applies] even when he declared [the tree or the wall] ownerless. [The rationale is that these ...
3
This passage speaks of a case where men fighting negligently [due to their cations this is not considered an accident] caused a woman to have a miscarriage.
Despite the death of the baby, the punishment is a fine, rather than a punishment for killing.
They would be liable for additional damages if the woman was hurt. If the baby was born and lived but was ...
2
A person who damages is obligated for five things: Tzaar (distress), ripui (healing), sheves (idleness), boshes (embarassment), and nezek (damage) (CM 420:3). However, we nowadays only obligate someone to sheves, ripui, and nezek (1:2), and some say only nezek (Rama there).
There is no question that annoying someone doesn't count for nezek or ripui. ...
2
I don't believe there is proof from this story that one who damages someone to prevent them from doing an aveira is not obligated to pay for damages.
R' Ada bar Ahava was likely a dayan who was qualified (according to the rules set forth in Sanhedrin 5a) to judge cases on his own. The courts have many powers that individuals do not, such as using certain ...
2
In theory maybe you are right. The concept of paying the full value of someone's life certainly exists - as is the case by kofer (when one's mu'ad animal kills a person). So your kid's point is not merely rhetorical. In practice of course we have to judge based on exactly how much the person was actually shamed, but I don't see why it can't be possible that ...
1
New answer:
This is clearly a case of a Shomer-Chinam; asking somebody to
safeguard your item without being paid for it.
The Halacha is that a Shomer-Chinam is not responsible for any damages
unless the damage was caused by his negligence.
So if the camera dropped because he balanced it on his head, for
example, then he would be expected ...
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