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)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

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.
Collins Dictionary of Law © W.J. Stewart, 2006

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
If one defendant does not have enough resources to pay the tort award, the plaintiff can seek redress from other defendants.
The collateral source rule forbids the use of evidence at trial that the plaintiff is being compensated from alternative sources such as insurance contracts (American Tort Reform Association, 2012).
The literature on tort reforms is vast and goes back at least 30 years.
(14) Tort law, in contrast, is seen as pricing harms rather than prohibiting them outright.
First, it replaces criminal negligence, a mens rea standard, with tort negligence, a conduct standard.
Apart from this criminal sanction, however, a Right of Way Law violation resembles a tort. Most importantly, the Right of Way Law introduces strict liability, in which the standard criminal-law requirement of mens rea is eliminated.
Part I examines the traditional application of waiver of tort as a doctrine that is parasitic on other legal wrongs.
Part II traces the rise of waiver of tort as an independent cause of action.
Waiver of tort has become a hollow and internally inconsistent doctrine, leaving judges and litigants confused about how and when a cause of action might support disgorgement.
The insurance function of tort liability will generally be attractive to people who are risk averse, as most of us are.
The principal example of a risk situation used by Calabresi to illustrate the insurance role of tort liability is workers' compensation.
For tort liability's insurance function to feasibly operate through higher product prices, some kind of market relationship is required.