tort

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Related to Intentional tort: Unintentional Tort

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 ?
Intentional Tort. Community has continued to be used as a
That confusion is a problem because terrorism, computer hacking, and myriad other forms of intentional torts lack the idiosyncratic nuances of libel law.
First, "the requirement in negligence cases that the plaintiffs harm be an expectable or foreseeable consequence of the defendant's actions does not apply to intentional torts." (169) Second, courts express less concern about limiting a defendant's liability in situations where the defendant has acted with the requisite intent, which in many instances means that the defendant is considered to be morally blameworthy.
Schwartz, Applicability of Comparative Negligence Principles to Intentional Torts, 18 A.L.R.
(281) Courts have found that willful, wanton, and reckless misconduct is not the equivalent of an intentional tort. (282) There must be proof of a specific intent by the employer to injure the employee.
Finally, under a general justification defense, whereby the law of torts recognizes privileges under new and changing circumstances, we might see a lawyer in a future annoyancetech intentional tort suit make the following illustrative creative argument--"my client alerted the police on numerous occasions about the loud barking dogs of the plaintiff who sues for trespass to chattels.
As for the second exception, the "district court treated [plaintiffs] claims of misappropriation of trade secrets and breach of a confidential relationship as a claim of interference with contract rights," (336) which the intentional tort exception bars.
The trial court based its ruling with regard to the district on Ohio's broad governmental immunity statute, which immunizes school districts and other local governmental entities from liability for not only negligence but also, with limited exceptions, intentional torts. The court based its ruling with regard to the parents on lack of foreseeability, concluding that "nothing in Adam's history of school attendance could substantiate a finding that he would cause injuries of the magnitude alleged by the plaintiff." Coolidge appealed.
The third tort theory arose because the legal system found victims with significant damages or injuries, but they were unable to recover under an intentional tort or negligence theory.
Courts generally afford employers an absolute privilege from defamation liability for disclosing employment information within the scope of a release agreement because a job applicant "...can consent to a defamation, and that consent creates an absolute bar to a defamation suit."(1) Courts and legal scholars recognize the efficacy of consent agreements and conclude that such agreements are not against public policy, even if they require job applicants to consent to an intentional tort, such as defamation.(2)
Because fraud is an intentional tort, the victim may sue for punitive damages also.
Because of these provisions, the insurer will not be obligated to defend or indemnify when the insured has committed an intentional tort such as assault and battery, or has engaged in intentional conduct resulting in liability for sexual harassment, Commercial Union Insurance Cos.