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 ?
that contributory negligence does not bar suit, a joint tortfeasor could
tortfeasor are not joint tortfeasors and are not bound as solidary
26) The Court suggested that this could apply not only where the multiple tortfeasors are all defendants but also where one tortfeasor was a third party (id.
The Supreme Court of Delaware recognized that a tortfeasor does not have a right to reduce the amount of damages towards an injured party even if the injured party received compensation from the tortfeasor's own insurance policy.
A basic question, often addressed in the literature, (36) is whether the operator--the tortfeasor in a liability context--should be exposed to a strict liability or a negligence rule.
In such a case, the tortfeasor has to stop the pollution according to the preliminary injunction, and thus the danger is avoided.
What about the varied liabilities of a tortfeasor who intentionally injured a plaintiff and another who breached its duty to protect the plaintiff from the intentional wrongdoer?
186) Faithless insureds usually try to settle their claim with the tortfeasor without telling the insurer; although they can also include insureds who, after receiving payments from the insurer, refuse to "cooperate" as the insurance contract requires, which might mean anything from refusing to file a complaint to refusing to participate in litigation initiated by the insurer in their name.
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.
70) These opponents also referenced self-funded employer health plans operating under the federal statute of ERISA, which can create enforceable terms of subrogation that place the insurer first in line to receive funds from the third-party tortfeasor.
The Association denied Gay coverage because he had settled his claim with the underlying tortfeasor contrary to the policy language, and had failed to give written notice to the insurer of the uninsured motorist claim.