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 ?
In the early nineteenth century and before, it was the poor law which was the principal legal provision for the victims of serious accidents at work, not the law of tort.
The necessity of statutory authorization for such claims is a reaffirmation of the ubiquity of the Palsgraf principle across the common law of torts.
PROSSER AND KEETON ON THE LAW OF TORTS [section] 4, at 25-26 (5th ed.
Osbome, Law of Torts (Toronto: Irwin Law, 2000) at 51.
Without exception, each judge bases his or her decision either on the postulate that the law of tort is wholly private and not public, or that the law of tort is wholly public and not private.
Stevens, in a comparison of common law of torts with the civilian law of derelict, reminds his reader that common law is judge-made law whereas codes of civil law are not although it remains true that the civil law cannot be understood without the clarifications and developments by the courts.
The various forms that enterprise liability takes--both within the common law of torts and in administrative alternatives to the common law--reflect different judgments of whether the pertinent activity is firm-wide (as with respondeat superior and workers' compensation); or industry-wide (as with black lung disease and nuclear power); or defined by an identifiable and salient activity (as with no-fault automobile insurance and vaccinations); or society wide (as with the New Zealand compensation scheme).
Buckley, Salmond and Heuston on the Law of Torts, 21 st ed.
6) Civil Wrongs Ordinance, No 36 of 1944, Palestine Gazette 1944, vol 26, No 1380 (1st Supp), 129 [Tort Ordinance]; Izhak Englard, "The Law of Torts in Israel: The Problems of Common Law Codification in a Mixed Legal System" (1974) 22 Am J Comp L 302 at 303-17.
to disprove the descriptive claim "that the common law of torts is
Restatement of the Law of Torts, or in a torts treatise.
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.