The Act defines "malpractice" as follows: "Any unintentional tort
or any breach of contract based on health care or professional services rendered, or which should have been rendered, by a health care provider, to a patient, including failure to render services timely and the handling of a patient.
In general, an unintentional tort
involves some level of negligence.
In effect, the court found that despite the adult son's key role in the tragedy, the elder Lancasters had been guilty only of an unintentional tort
, which is the type of "accident" the policy intended to cover when it granted coverage for any claims "arising out of" an accident.
Every Western legal system, including the Common law, adopted a different view of liability for unintentional tort.
The strict liability view of unintentional tort, divorcing causation from wrongfulness, has led to an amoral Tort law, in part through the rise of what can be termed causal nihilism.
It addresses basic price theory; controversies related to the application of economics to law; the foundation of law and economics, the Coase Theorem, and its applications to property-related issues; concepts related to contracts and contract remedies; tort law, with emphasis on unintentional torts
and the Hand formula; the economics of settlement; criminal law; the economic theory behind antitrust law; economic rationales for the regulation of business; intellectual property; the evolution of law, and economic factors involved; tax policy and taxes on intergenerational transfers; marriage and the family; and public choice theory.
64) Current tort claims can be understood as fitting within four categories: direct intentional torts, indirect intentional torts, direct unintentional torts, and indirect unintentional torts.
68) In the 19th century, courts began to distinguish between intentional and unintentional torts, setting the foundation for the development of modern tort law and the rise of negligence as a basis for liability.
However, in most common law countries there is a clear-cut division between intentional and unintentional torts
, (90) and thus it will be necessary to rely on the intentional torts, not on negligence, since the abduction is of course intentional.
Generally, torts are divided into two broad categories: intentional torts and unintentional torts
(which, in turn, are divided into two subcategories: negligence and strict liability torts).
One chapter is devoted to applications of traditional tort law to the new biotechnologies in intentional and unintentional torts
They include fire, flood, severe windstorm, collapse, embezzlement, theft, business interruption including contingency, death, disability and intentional and/or unintentional torts