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 ?
129) In imposing a regime of civil tort liability, rather than letting the matter be resolved by contract, they held that "[t]he law of torts is directed toward compensation" and that "[t]ort law also serves the 'prophylactic' purpose of preventing future harm; payment of damages provides a strong incentive to prevent the occurrence of harm.
3) To react in any way to such a civil tort judgment would be an affirmation of a tort system that we believe to be problematic.
The second advantage of a civil tort suit is that tort law will allow some measure of damages that would be barred in a criminal restitution claim.
Were this a civil tort action, the Victims may have been able to recover for pain and suffering or some other measure of damages for the anguish they experience [each time they are notified that another person has been found in possession of their images].
THE CONCEPTS OF ACCOUNTABILITY, RESPONSIBILITY, "CULPABILITY, AND GUILT/LIABILITY" IN CRIMINAL AND CIVIL TORT LAW
To the average lay person the allocation of proof in a civil tort or criminal trial makes no sense at all.
Civil tort litigation and criminal prosecution, which are independent systems in the United States, function more in tandem in many other legal systems.
In addition, healthcare organizations may also be open to civil tort lawsuits brought by plaintiffs claiming injury to their medical privacy.
In its response to PCHR's petition, the Israeli prosecution claimed that the filed cases relate to incidents that occurred in the context of a clear military operation (Operation Cast Lead), which the Israeli military was forced to launch according to decisions taken by the government of Israel (a military operation, according to the Israeli Civil Torts - Liability of the State -- Law of 1952, provides complete impunity against damage claims).
They face allegations that they ignored human rights contraventions under an obscure 18th century legislation - the US Alien Civil Torts Act - that allows citizens of foreign countries to sue in an American court any company doing business with the US.