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 ?
10) As with secondarily liable parties in other areas of tort law, indirect infringers are jointly and severally liable with direct infringers (11) to the patent owner.
generated, on its own steam (so to speak), more tort law than any other [machine] in the nineteenth century.
In tort law, an individual can be held liable for a failed rescue when his heroic attempts are beyond his capacity and actually do harm to the one in need of assistance.
60) In Ohno, the court accurately distinguished the holding in Paul, which stated that the imposition of damages under Washington tort law on Jehovah's Witness for conducting the religious practice of shunning is state action subject to constitutional scrutiny.
17) In short, when courts face cases of pure economic loss, they "confront the potential for liability of enormous scope, with no easily marked intermediate points" between where liability begins and ends, (18) and for that matter, where the overlap between tort law and contract law begins and ends.
If one goal in these agreements is to achieve an equitable outcome that tort law would not provide and physician groups knowingly agree to these provisions, the physician must have adequate assets or limits of liability.
This is a case study of the implications of legal pluralism when religious family law conflicts with state civil tort law.
22) These limitations of duty under tort law explain the principles of the duty of care and the business judgment rule.
If punitive damages have long been anathema to civilian states because punishment is seen as belonging to criminal, not tort, law, it is because the appropriation of punitive measures by tort law is considered to be the privatization of justice, and hence, an impingement on the domain of the State.
damages and tort law generally: what I call the "moral accounting
the choice to drive home after having three or four drinks, it is a fundamental tenet of basic tort law that the potential for liability influences choices made by those in commerce responsible for the design and delivery of goods and services.
This factor would argue for preemption--FDA approval should preempt state tort law.