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 ?
This is because, if the amount recoverable under the insurance policy always is reduced by the amount collected by the tortfeasor, an insured never could recover the entire liability limit set out in the underinsured motorist endorsement because, by definition, an underinsured motorist is someone who paid something toward the insured's damages, although not enough to satisfy those damages nor enough to exceed the insured's underinsured motorist limits.
that contributory negligence does not bar suit, a joint tortfeasor could
tortfeasor to compensate for damage is predicated on fault or
the loss would not have occurred "but for" the negligence of two or more tortfeasors, each possibly in fact responsible for the loss; and
The Supreme Court of Delaware recognized that a tortfeasor does not have a right to reduce the amount of damages towards an injured party even if the injured party received compensation from the tortfeasor's own insurance policy.
A basic question, often addressed in the literature, (36) is whether the operator--the tortfeasor in a liability context--should be exposed to a strict liability or a negligence rule.
In such a case, the tortfeasor has to stop the pollution according to the preliminary injunction, and thus the danger is avoided.
In Florida, as most everywhere, the common law included the rules that contributory negligence of a plaintiff, however slight, barred recovery and that no-contribution was permitted among joint tortfeasors. The first rule was solidified in Butterfield v.
In addition, many courts express aversion to the idea of punishing the tortfeasor's innocent heirs for the misdeeds of the decedent.
(60) Yet, because the insured's policy often does not provide full indemnity due to specified policy limits or "because the tortfeasor has limited assets, insurance, or is otherwise judgment proof," the amount of the insureds' losses greatly surpass the recoverable amount.
Gay was contacted by the tortfeasor's carrier, GEICO Indemnity Insurance Co., which provided Gay with a settlement check for $10,000 and a settlement release of all claims.