tort

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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 ?
78) The phrase appears to have been William Prosser's: see Richard V Campbell, Book Review of Handbook of the Law of Torts by William Prosser, (1941) 26:1 Minn L Rev 137 at 138.
invoked the common law of tort to generate important prods and pleas.
27) Vicarious Liability in the Law of Torts (London: Butterworths, 1967) at 20 and 124.
Around fifty years ago, Vilhelm Lundstedt--a Swedish jurist who was a leading proponent of Scandinavian Legal Realism--in the course of a critique of American realist theories of the law of tort pointed out that Anglo-American writers rarely asked the question of why the state was at all involved in tort law.
their claim that "the common law of torts is best explained as if
Philosophy and the Law of Torts (Cambridge: Cambridge University Press, 2001), where the author invokes the Kantian theory of social contract and argues for a no-fault liability scheme as the regime that most effectively accommodates burdens and benefits following from the pursuit of desirable activities by members of a community.
The tort fails as a derivative claim because the common law of torts has a bright-line rule against such claims.
All other tort liability by a qualified health care provider is subject to the general law of torts.
The deniers sell short the civil justice system, the law of torts, and the power of the marketplace.
His efforts to advance civil rights for the blind and others with disabilities included drafting the model White Cane Law, which has had a profound influence on the development of civil rights laws for the disabled throughout the United States, and publishing authoritative articles like "The Right to Live in the World: The Disabled in the Law of Torts.
Buckley, Salmond & Heuston on the Law of Torts,
Stevens is somewhat defensive in approaching his subject, recognizing that the law of torts has been abused on both sides of the Atlantic.