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 ?
Two variables are used to proxy the litigation activity at the state level: liability insurance losses and tort cases commenced at the state level.
Specifically, we use tort filings in general jurisdiction courts per capita (Tort cases in state court) as an alternative proxy of litigation activity at the state level.
It should also be noted that the number of lawyers (as captured in Lawyer), in addition to measuring the power of the legal professionals, could also proxy for state-level litigation activity and related costs to the extent that such activity is not fully captured by the tort case or insurance loss variables.
The repeated appearance of tort concepts in traffic crimes reveals much about the line between torts and crimes.
In the conventional telling, legislatures drive criminal law toward tort. (83) Further, courts traditionally see themselves as defenders of the line between civil and criminal law.
It reveals that legal actors in all three branches of government--and those trying to increase or decrease criminal liability for drivers--see car crashes as more naturally compatible with tort than criminal doctrines.
Use of waiver of tort has also been attempted in cases of statutory breach.
The above cases all illustrate instances where courts have adopted the parasitic theory of waiver of tort. Under this theory, the doctrine creates an avenue to the remedy of disgorgement available to plaintiffs not only on the foundation of an existing tort, but potentially also a statutory wrong.
The difficulties of applying waiver of tort, particularly in negligence cases, has led to the idea that waiver of tort might be an independent cause of action.
The empirical documentation of this wage-offset mechanism has more general ramifications for the functioning of tort liability as a risk-spreading device.
It is worth noting that tort-liability costs are not simply transfers between injurers and victims, but also are likely to have incentive effects that should be taken into account when assessing the overall merits of tort liability.
The fundamental role of these incentive effects is quite general and is a principal advantage of tort liability over private insurance.