tort

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Related to Intentional tort: Unintentional Tort

tort

a civil wrong. The laws of tort are general laws which protect the personal rights of an individual to non-violation of his or her property, reputation and person:
  1. offences against property rights include trespass; negligence (where there is a breach of a legal duty to take care which results in unintended damage to the plaintiff); and nuisance (where there is an unlawful and unreasonable interference with a person's use or enjoyment of his or her property);
  2. offences against reputation include libel, and slander (making a false and malicious statement which damages another person's reputation);
  3. offences against one's person include assault, battery; negligence; and intimidation (a threat to perform an unlawful act interfering with the victim's freedom of action).

It may be noted in this context that an employer may be made liable for the torts of his employees which are committed during the course of their employment, having vicarious liability for their actions. In a tort action the plaintiff will usually be seeking either financial compensation (damages) for harm done to him or her by the defendant, or an injunction from the court ordering the defendant to discontinue harming the plaintiff.

tort

A legally recognized wrong for which the law provides a remedy.The wrong may be negligent;it might be one of the intentional torts such as defamation, assault, battery, trespass, conversion (broadly, acts that amount to theft), or false imprisonment (preventing someone from leaving a place);or it might be something that can combine elements of negligence,recklessness,or intentional conduct,such as fraud or nuisance.The modern trend of legal theory is to expand concepts of tort liability. As a result, older decisions that find in favor of a property owner, for example, and against someone injured on the property may no longer be reliable when you are trying to determine rules of conduct and the limits of responsibilities.The better practice is to do all things reasonable and fair under the circumstances,regularly consult with insurance advisors regarding risk management practices, keep informed regarding litigation trends in your industry, and always maintain adequate insurance coverage.

References in periodicals archive ?
Federal court jurisdiction over "all causes where an alien sues for a tort only in violation of the law of nations or a treaty of the United States" (157) enabled federal courts to hear claims by aliens for intentional torts of violence committed against them by U.
Some privileges to intentional tort actions are other candidates, by analogy, for annoyancetech tort users or marketers.
Ross, Ripples in Treacherous Waters: A Consideration of the Effects of North Carolina's Intentional Tort Exception to Workers' Compensation, 31 WAKE FOREST L.
Rather, the doctrine of proximate cause morphs depending on the context in which it is being applied, with proximate cause hardly ever being an issue in intentional tort cases.
This can fend off or defeat an intentional tort claim.
In these cases, a caregiver has sued a mentally disabled defendant under his or her care for negligent or intentional torts.
Consider this claim when the case involves intentional torts, such as assault, committed by an employee who the defendants knew or should have known was a potential danger to residents.
The Third District Court of Appeal has twice stated that a fraudulent transfer is not a tort, and therefore unrelated to the intentional tort of common law fraud.
THE COURT HELD THAT NOTHING IN THE LEGISLATIVE HISTORY OF THE CAP LAW SUGGESTS THAT THE LEGISLATURE INTENDED TO EXTEND THE MEDICAL MALPRACTICE CAP ON DAMAGES TO INTENTIONAL TORT OR BATTERY.
44) Although the jury had found that the defendants had committed an intentional tort, the court concluded that they might still be afforded constitutional protection:
District Court for Southern California recognized in the McSweeney decision that because FIRREA created a federal cause of action based on gross negligence or intentional tort, the federal statute pre-empted state law.
Nor, it said, could holding the defendant liable for the intentional tort of conversion operate to control the state's actions, for "the University simply cannot have a policy requiring its employees to commit the intentional tort of conversion.