Posted by MHK on September 11, 2000 at 15:25:45:
In Reply to: Can I sue for these defense cost? posted by Eins on September 10, 2000 at 13:18:35:
With written contracts it is very common to have a *prevailing party* clause in the agreement. That means, in short, that the prevailing party will in addition to actual and compensatory damages will receive and award of reasonable attorney fees.
I oral or implied contracts, such as the usual buddy diving arrangement, abscence means silence under contract law. Therefore it would be unlikely that an award of damages for attorney fees would be awarded. I say unlikley because there is a provision that would require yet an additional lawsuit, that means if you sue me and don't prevail and the basis for the suit was frivolous, I could then turn around and sue you for legal fees based upon the frivoulness of the matter. Sorta like some of your posts ;-)
PS. tort reform appears high on the Republican agenda in this election year so vote Republican and maybe we can get the lawyers out of our lives....
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