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 ?
It is also about actions, behaviors, or products never mentioned or touched in a civil tort case where a rational actor changes behavior because of perceived risks to users and consumers.
(129) In imposing a regime of civil tort liability, rather than letting the matter be resolved by contract, they held that "[t]he law of torts is directed toward compensation" and that "[t]ort law also serves the 'prophylactic' purpose of preventing future harm; payment of damages provides a strong incentive to prevent the occurrence of harm." (130)
3) To react in any way to such a civil tort judgment would be an affirmation of a tort system that we believe to be problematic.
The second advantage of a civil tort suit is that tort law will allow some measure of damages that would be barred in a criminal restitution claim.
Were this a civil tort action, the Victims may have been able to recover for pain and suffering or some other measure of damages for the anguish they experience [each time they are notified that another person has been found in possession of their images].
The interpretation that the UTSA abrogates all other civil tort
cases have found that the UTSA abrogates other civil tort remedies,
THE CONCEPTS OF ACCOUNTABILITY, RESPONSIBILITY, "CULPABILITY, AND GUILT/LIABILITY" IN CRIMINAL AND CIVIL TORT LAW
To the average lay person the allocation of proof in a civil tort or criminal trial makes no sense at all.(14) Why should the state have to disprove beyond a reasonable doubt the validity of a criminal justification or excuse defense raised by the defendant, especially when he is in control of, or has the best knowledge of, the facts relative to that defense?
The distinction is central to the thesis of this Essay and the proper allocation of the burden of proof production between the prosecution and the defense, as well as between the plaintiff and the defendant in a civil tort action.
Civil tort litigation and criminal prosecution, which are independent systems in the United States, function more in tandem in many other legal systems.
Labelling a wrong a "crime" rather than a "tort" thus has dramatic consequences both for the procedures applied by the legal system, and for the available remedies, i.e., imprisonment after a criminal conviction or an award of money damages after civil tort judgment.