tort

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Related to tortious: tortious act, Tortious interference

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 ?
The court held that the tort element of that cause of action was met not by a declaration of liability on the underlying tort action, but by proving at trial that the conduct was otherwise tortious.
Attorneys who threaten people or businesses with litigation based upon patently unenforceable restrictive covenants should be sued for tortious interference in appropriate situations in which those threats have caused damage.
2009), as discussed in part one of this article, a defendant law firm named in a tortious interference suit will almost certainly raise the issue of litigation privilege as a defense.
Before considering the authority that allows a tortious interference claim based upon a former employer's attempts to litigate an unenforceable restrictive covenant, it is first important to look at the requirements for such restrictive covenants to be enforced in Florida.
GEM's claims against CWT, now amended to also include Jean Noelting as defendant, variously include Breach of Agreements, Breach of the Implied Covenant of Good Faith and Fair Dealing, Tortious Interference with Business Relations, Conspiracy to Commit Torts, and Tortious Interference with Contract.
Bradford adds,"Finding problems within the mortgage transaction is relatively easy; we find appraisal fraud in eight out of every ten mortgage transaction examined, which coincides with the findings of the FDIC, and that doesn't include other types of tortious conduct, legal errors and contract breaches that are usually present.
a pioneering leader in next-generation commercial satellite broadband solutions has filed suit against Unasat Communications citing Breach of Contract, Breach of Warranty under the Uniform Commercial Code, Tortious Interference with Prospective Advantage, Breach of Good Faith and Fair Dealing and other declaratory relief.
10, 2012 /PRNewswire-USNewswire/ -- BNA Books, a division of specialized news and information publisher BNA, today announces the publication of the 2011 Supplement to Tortious Interference in the Employment Context: A State-by-State Survey, Third Edition, containing an updated examination of business-versus-business suits, as well as suits brought by former employees against their former employers.
Participants in the action are seeking relief against Cardinal Health for tortious interference with contractual relations, violations of unfair trade practice laws, and violation of antitrust laws.
5 /PRNewswire/ -- Hunton & Williams, LLP and its client Insight Equity have been slapped with a $150-million lawsuit by Minerals Development & Supply Company for tortious interference of a contract, aiding and abetting the commission of a tort and civil conspiracy.
Phibro-Tech's previously initiated lawsuit against Osmose for Willful Misappropriation of Trade Secret, Tortious Interference With Prospective Economic Advantage, Breach of Contract, Unfair Competition, and Constructive Trust is scheduled for trial in New Jersey State Court January 8, 2007.
agrees to dismiss his $207,000,000 Texas lawsuit for slander, libel, tortious interference with contract, extortion and other causes of action against Exdiam litigants.