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.

Collins Dictionary of Business, 3rd ed. © 2002, 2005 C Pass, B Lowes, A Pendleton, L Chadwick, D O’Reilly and M Afferson

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.

The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD. Copyright © 2007 by The McGraw-Hill Companies, Inc.
References in periodicals archive ?
I consider five modifications to tort law: introduction of caps on noneconomic damages, repeal of mandatory no-fault auto insurance, reform of joint and several liability, limits on collateral source recovery, and allowance of first-party bad faith torts.
Ripstein candidly recognizes that some cases do not fit his interpretation of tort law. In Chapter Seven, he even describes an entire category of tort--defamation--where United States legal doctrine is inconsistent with his account.
The second stage was referring to tort law. Indeed, tort law provided the answer to an ongoing problem.
generated, on its own steam (so to speak), more tort law than any other [machine] in the nineteenth century." (33) Between 1872 and 1875, some 1,300 people were killed on the railways every year, and more than 4,000 people were injured.
In finding that Japanese tort law is similar to California tort law, the court correctly held that enforcement of the Japanese judgment by the district court was not repugnant to public policy.
Their use may give the parties more acceptable outcomes than traditionally found in tort law, but ultimately, the key to their success relies on the working relationships of the contracting parties.
In Part II, we briefly trace the doctrine navigating the tension between the First Amendment and tort law, showing how the Court's decisions have led to the view of private law as government regulation displayed in Snyder.
(22) These limitations of duty under tort law explain the principles of the duty of care and the business judgment rule.
This is not to suggest that judicial decisions were immediately affected by the new academic approach to tort law but neither is it to deny it had any impact at all; the nature of this relationship awaits further research.
Mensing), a 5-4 majority held that makers of generic drugs cannot be held liable under state tort law for "failure to warn," even if the manufacturer knows its label is inadequate.