tort

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Related to Torts: Intentional torts

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.

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scholars should take up, rather than tort theorists.
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14) Tort law, in contrast, is seen as pricing harms rather than prohibiting them outright.
First, it replaces criminal negligence, a mens rea standard, with tort negligence, a conduct standard.
Apart from this criminal sanction, however, a Right of Way Law violation resembles a tort.
Current manifestations of waiver of tort purport to provide a meaningful remedy for the plaintiff in situations where tort losses are too difficult to prove.
The primary reason why waiver of tort is sometimes thought of as an independent cause of action is due to a misunderstanding of the difference between causes of action and remedies, and how they relate to various legal concepts.
Part I examines the traditional application of waiver of tort as a doctrine that is parasitic on other legal wrongs.
The Risks of and Reactions to Underdeterrence in Torts, 70 MO.
Kip Viscusi, The Social Costs of Punitive Damages Against Corporations in Environmental and Safety Torts, 87 GEO.
Levinson & Kaiping Peng, Different Torts for Different Cohorts: A Cultural Psychological Critique of Tort Law's Actual Cause and Foreseeability Inquiries, 13 S.