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

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 ?
Table 3 reports means and standard deviations for the explanatory variables used in the analysis and the average waiting time for tort reform adoption.
Lawyers, doctors, and insurance companies are all concentrated stakeholders with interests in tort reform.
The welfare impact of restricting litigation requires balancing those costs and benefits, along with the indirect benefits and costs associated with the tort environment's impact on business activity and other behaviors.
(72) In Boutin, the New York Court of Appeals imposed a judicially created "heightened standard" (73) for criminal negligence, one that elevated tort's conduct-based conception of negligence above the existing criminal definition focused on risk perception.
Since Boutin, the New York Court of Appeals has blurred the lines between criminal and tort conceptions of negligence further still.
Additionally, Cabrera shifted criminal negligence towards tort in another way: the court held that criminal negligence required not merely blameworthy conduct but "morally blameworthy" conduct.
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.g., conversion or trespass).
Plaintiffs claiming waiver of tort for personal wrongs, such as conspiracy and deceit, have met mixed success.
Although waiver of tort is likely available for deceit, (25) it is uncertain if it is available for negligent misrepresentation, which is a frequent companion to waiver of tort claims.
Even in situations in which there is no virtual premium, tort liability still serves a risk-spreading function.
How insurance and tort liability provide alternative but similar means of distributing risk can be understood by examining the workers' compensation system.
The distinctive feature of workers' compensation is that unlike conventional tort liability, it is a no-fault compensation system whereby all work injuries are compensated irrespective of worker fault or company negligence.