tort


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tort

n. French for wrong, a civil wrong, or wrongful act, whether intentional or accidental, from which injury occurs to another. Torts include all negligence cases as well as intentional wrongs which result in harm. Therefore tort law is one of the major areas of law (along with contract, real property and criminal law), and results in more civil litigation than any other category. Some intentional torts may also be crimes such as assault, battery, wrongful death, fraud, conversion (a euphemism for theft), and trespass on property and form the basis for a lawsuit for damages by the injured party. Defamation, including intentionally telling harmful untruths about another, either by print or broadcast (libel) or orally (slander), is a tort and used to be a crime as well. (See: negligence, damages, assault, battery, fraud, wrongful death, conversion, trespass, defamation, libel, slander)

tort

noun breach of legal duty, civil wrong, dereliccion of duty, error, fault, invasion of a legal right, legal wrong, malfeasance, misdeed, misdoing, misfeasance, negligent act, personal wrong, private wrong, transgression, violation of a legal duty, wrong, wrongdoing, wrongful act
Associated concepts: action founded in tort, comparative negligence, continuing tort, contributory negligence, foreeeeable consequences, intentional tort, prima facie tort, proximate cause, standard of care, strict liability in tort, successive torts, tort feasor, tortious act, tortious conduct
See also: delict, delinquency, misconduct

tort

a civil wrong. Tortious liability arises from the breach of a duty fixed by law; this duty is towards persons generally and its breach is redressable by an action for unliquidated damages. It is part of the English law of obligations along with contract and restitution. See also ANIMAL LIABILITY, CONVERSION, DUTY OF CARE, ECONOMIC LOSS, ECONOMIC TORTS, EMPLOYER'S LIABILITY, FAULT, NEGLIGENCE, NUISANCE, OCCUPIER'S LIABILITY, PRODUCT LIABILITY, STRICT LIABILITY, TRESPASS, TROVER.

TORT. An injury; a wrong; (q.v.) hence the expression an executor de son tort, of his own wrong. Co. Lit. 158.
     2. Torts may be committed with force, as trespasses, which may be an injury to the person, such as assault, battery, imprisonment; to the property in possession; or they may be committed without force. Torts of this nature are to the absolute or relative rights of persons, or to personal property in possession or reversion, or to real property, corporeal or encorporeal, in possession or reversion: these injuries may be either by nonfeasance, malfeasance, or misfeasance. 1 Chit. Pl. 133-4. Vide 1 Fonb. Eq. 4; Bouv. Inst. Index, h.t.; and the article Injury.

References in periodicals archive ?
While the courts are, unsurprisingly, generally attentive to the tort/crime line, even the sophisticated New York Court of Appeals has slouched toward tort when deciding traffic crime cases.
This interpretation of the MPC marked a significant change in New York's criminal law: it deviated from the statutory definition of criminal negligence, which focuses on risk perception, in order to emphasize conduct, the traditional measure of negligence in tort.
Since Boutin, the New York Court of Appeals has blurred the lines between criminal and tort conceptions of negligence further still.
Since United Australia, courts have interpreted waiver of tort as either an alternative pleading in unjust enrichment for restitution or as an election of disgorgement over compensatory damages for torts that support both remedies (e.
20) On the other side of the spectrum, courts have generally not allowed waiver of tort for breach of contract.
Plaintiffs claiming waiver of tort for personal wrongs, such as conspiracy and deceit, have met mixed success.
To the extent there is a debate regarding the deterrent effect of tort law, (55) it is difficult to see how that debate has any traction when it comes to punitive damages.
Early in the tort reform debate, Jane Mallor and Barry Roberts surveyed punitive damages and concluded that "[i]nflicting punishment for past acts .
Thus, tort damage awards can exert a regulatory effect, (i.
to expose problems with the leading accounts of tort.
adequate corrective justice account of tort, we must revise our
is an invitation to broaden tort theory, not an effort to end it.