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 ?
Whether a potential future tortfeasor expects to live or die after committing a tort, the majority rule provides less deterrence than the minority rule.
In Wyoming, under the Uniform Contribution Among Tortfeasors Act, a release containing the "all persons" language is not controlling.
36) Specifically, the principle of formally imputing the wrongdoings of primary tortfeasors to the indirect infringer (37) has confounded the courts' management of patent damages.
DOHSA today is invoked mostly by marine tortfeasors, as a convenient escape hatch from any responsibility for the severe emotional pain and suffering their victims' survivors almost invariably suffer.
The court held that the tortfeasor was liable for the entire damage, notwithstanding the fact that he was unaware of the victim's prior leg condition or that he had not intended that degree of harm.
CASE FACTS: This case involved a suit brought under Florida's Uniform Contribution Among Tortfeasors Act (Contribution Act), which involved an underlying wrongful death suit.
Repayment in kind involves having the tortfeasor repair or replace the damaged property in lieu of paying the General Treasury for the damage.
b (1979) ("[I]t is the position of the law that a benefit that is directed to the injured party should not be shifted so as to become a windfall for the tortfeasor.
Accordingly, while a joint tortfeasor jointly and severally liable for more than 50% of total liability may still be required to pay the entirety of a judgment, the joint tortfeasor that is assessed 50% or less of the total liability may only be required to pay damages toward satisfaction of a judgment for non-economic loss to the extent of its own equitable share.
The Arizona Supreme Court has held that a 1987 state law making joint-tortfeasor liability several only, instead of joint and several, extends to strict products liability actions and requires that fault be apportioned among tortfeasors, even if this means that the plaintiff cannot recover full damages because one or more of the defendants are insolvent.
Specifically, the rule prohibits jury members from considering any payments to a plaintiff (victim) other than those made by the defendant tortfeasor (injurer).