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 ?
Additionally, Cabrera shifted criminal negligence towards tort in another way: the court held that criminal negligence required not merely blameworthy conduct but "morally blameworthy" conduct.
The repeated appearance of tort concepts in traffic crimes reveals much about the line between torts and crimes.
Tort concepts are variously used to expand and contract drivers' legal liability.
Although waiver of tort is likely available for deceit, (25) it is uncertain if it is available for negligent misrepresentation, which is a frequent companion to waiver of tort claims.
Use of waiver of tort has also been attempted in cases of statutory breach.
Ultimately, it is difficult to conceive of waiver of tort under the parasitic theory as anything more than a "legalese" way to inform the court that the plaintiff is electing disgorgement in situations where it is already available.
73) About twenty-five years ago, scholarship began to appear suggesting that the tort system was problematic.
Part of this attack was based on the fact that "it is extremely difficult to find any empirical evidence that the tort system produces deterrence.
Some commentators note that tort damages generally and punitive damages specifically have a limited effect on corporations and publicly traded companies because the damage award fails to affect the individual decision-makers but instead punishes shareholders.
teaches Potter that tort law aims to minimize the sum of the costs of
features of tort law, and he finds the normative theory underpinning it
account of tort law, the more disenchanted he becomes with tort law