Any reason why you started a new thread instead of continuing the previous one? I'm a bit tempted to merge this back into that thread for context.
-Uwe-
-Uwe-
Any reason why you started a new thread instead of continuing the previous one? I'm a bit tempted to merge this back into that thread for context.
-Uwe-
Your immobilizer got stock in Programing mode and with special tool it can be fixed.VCDS can not fix this and it is not just RESET.2.The odometer reads "L3 3-4" -- and reads this all the time. Car off, car on...still same. (I am given to understand that is a message from the Immobilizer/ Inst Panel saying, in effect, that three keys have been presented for adaptation, and it is expecting a fourth). But thi is not "DeF" and this is not "SAFE".
It's not stuck ...........It was just not completed because an improper key count was presented when entering the mode.
In theory you could take an extra ready unlocked open RFID and install in key ignition and it should see it after login.
If you want........... send me the ECU, cluster and all keys on hand to be married; with valid documentation of identity........ and I will fix the count NC.
Just pay the freight or at the most an extra RFID pill.
Tortious interference is a common law tort allowing a claim for damages against a defendant who wrongfully interferes with the plaintiff's contractual or business relationships. See also intentional interference with contractual relations.
A frivolous lawsuit is any lawsuit that is filed with the intention of harassing, annoying, or disturbing the opposite party. It may also be defined as any lawsuit in which the plaintiff knows that there is little or no chance of the lawsuit succeeding if pursued in court
What is a "duty to act"? What is "failure to act"?
In personal injury and other tort cases, the phrase “duty to act” may refer to one of two things. First, people generally have a duty to act with reasonable care to prevent harm. If a person fails to do so, he may be liable for negligence. More often, however, the phrase “duty to act” means that a person has a duty to do a specific thing, and that if he fails to do it, he may be liable for failure to act.
In most situations, there is no affirmative duty to act. People have a responsibility to avoid doing things that might cause harm to others, but they usually do not have a duty to jump in and prevent harm when it is occurring. Even if a person says he will help someone, his mere words may not be enough to create a duty to act.
There are, however, a few exceptions to the rule that there is no duty to act. The exceptions include:
- A person who causes a harmful situation has a duty to act to help another person get out of harm’s way. The duty to act includes both people at risk of being injured and people who have already been injured and are at risk of further injury.
- A person who takes responsibility for an injured person has a duty to act to secure that person’s safety, including necessary medical care. He may not start helping the injured person and then abandon him.
- Some state laws require people to act to help one another, if the first person can act without endangering himself.
- A person who encourages another person to commit a tort is responsible for any injuries caused by the tort.
- A person who encourages a child or mentally incompetent adult to do something that may harm that person is responsible for that person’s injuries.
- People in a special relationship with one another have a duty to act to protect one another’s safety. Special relationships that create a duty to act include employer/employee relationships, friends or companions at a social event, and business inviters and invitees in premises liability cases.
Also, negligence law does not usually impose a duty to rescue or defend someone else, as long as the would-be rescuer did not cause the danger. Even if a bystander realizes another person is in danger, the bystander generally does not have a duty to rescue that person and cannot therefore be held liable if the bystander chooses not to act.
Like the standard duty to act, however, a duty to act to rescue or defend someone does exist if the person in danger and the rescuer or defender have a certain type of relationship toward one another. Relationships that may create a duty to rescue or defend include:
- Common carriers like railroads may have a duty to rescue or defend a passenger.
- Innkeepers may have a duty to rescue or defend a guest. However, colleges and universities generally do not have a duty to protect dormitory residents from one another. A landlord and tenant may have a duty to rescue or defend one another if one knows that a dangerous individual or condition is in the area.
- Businessowners may have a duty to rescue or defend customers or clients.
- The legal guardian or custodian of a child may have a duty to rescue or defend the child.
- Employers and employees may have a legal duty to rescue or defend one another if one is in imminent danger.
- A physician has a duty to warn or protect if she reasonably believes her patient poses an imminent risk to himself or others.
https://en.wikipedia.org/wiki/Citizen_suit
In the United States, a citizen suit is a lawsuit by a private citizen to enforce a statute.[SUP][1][/SUP] Citizen suits are particularly common in the field of environmental law.[SUP][2][/SUP]
Citizen suits come in three forms. First, a private citizen can bring a lawsuit against a citizen, corporation, or government body for engaging in conduct prohibited by the statute. For example, a citizen can sue a corporation under the Clean Water Act (CWA) for illegally polluting a waterway. Second, a private citizen can bring a lawsuit against a government body for failing to perform a non-discretionary duty. For example, a private citizen could sue the Environmental Protection Agency for failing to promulgate regulations that the CWA required it to promulgate. In a third, less common form, citizens may sue for an injunction to abate a potential imminent and substantial endangerment involving generation, disposal or handling of waste, regardless of whether or not the defendant's conduct violates a statutory prohibition. This third type of citizen suit is analogous to the common law tort of public nuisance.[SUP][3][/SUP] In general, the law entitles plaintiffs who bring successful citizen suits to recover reasonable attorney fees and other litigation costs.[SUP][4][/SUP]
In 1970, when amending the Clean Air Act, the United States Congress was inspired by similar legislation in the civil rights arena[SUP][5][/SUP] to begin including specific provisions for citizens to bring suit against violators or government agencies to enforce environmental laws. Today, most anti-pollution laws have provisions for citizen suits and they have become a major means of ensuring compliance with environmental laws. Public-interest environmental legal service organizations, such as Earthjustice and the Tulane Environmental Law Clinic, often prosecute citizen suits.[SUP][6][/SUP] Some non-environmental statutes, such as the Americans with Disabilities Act and the Fair Housing Amendments Act, also contain citizen suit provisions, but the majority of regulatory statutes do not.
Citizens may only bring citizen suits in federal court if they have "standing to sue". To establish standing, the courts have required proof of three elements. First, the plaintiff must have suffered an “injury in fact”—an invasion of a legally protected interest which is (a) concrete and particularized and (b) “actual or imminent, not ‘conjectural’ or ‘hypothetical’”. Second, there must be a causal connection between the injury and the conduct complained of—the injury has to be “fairly ... trace[able] to the challenged action of the defendant, and not ... th[e] result [of] the independent action of some third party not before the court.” Third, it must be “likely”, as opposed to merely “speculative”, that the injury will be “redressed by a favorable decision.”[SUP][7][/SUP]
Environmental laws that allow citizen suits include:
- Clean Water Act
- Safe Drinking Water Act
- Clean Air Act 1970
- Resource Conservation and Recovery Act
- Comprehensive Environmental Response, Compensation, and Liability Act
- Surface Mining Control and Reclamation Act of 1977
- Endangered Species Act of 1973
- Emergency Planning and Community Right To Know Act of 1986- SARA Title III