Someone who is attempting to avoid a claim asserts an affirmative defense. That party would have the burden of proving up that defense. Burden of...

Who pays damages when a car is broken into on or around their property?

The condo complex cannot be responsible for the break in unless they knew that the criminal was in the area and did not do anything to get rid of...

Can I sue my girlfriend for infidelity and for gave me an STD on civil court?

No claims for infidelity. Interesting question abut a personal injury action for the STD. The problem is that it likely is an intentional action...

I hired someone to build a website for me. While reviewing it online I discovered the website is registered in her name.

Do you have a written contract with the person? What does it provide as far as ownership? The owner can be either one of you or some third party as...

Implicit in your question is that not only is he far away but that he wont sign? I believe you could probably send it to him in jail and have him...

Can a defendant in a civil suit raise a defense that contradicts his own statements?

Yes defenses which are contradictory and, essentially, in the alernative may be raised. A Motion to Summary Judgment says that there are no genuine...

Can someone have standing to sue based on equitable subrogation?

I would add if the money was truly stolen, then a civil theft claim may result as well, which allows for treble damages. By the way, equitable...

The only proviso to the rule would be that the amended complaint had to be filed by mutual agreement or the Court had to allow for the filing of...

Assume, I made a contract to purchase a vehicle and later, I found that the insurance rates were too high. Can I terminate this?

The contract to purchase is what does control. Taking one sentence out of the entire agreement does not allow anyone to really give you a proper...

What can I do if I am now responsible for a dental bill because of denstist/insurance mistakes?

I would let the oral surgeon and dentist in on the troubles which have been created and see if they are willing to assist. I would also suggest...