tort

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Related to tortious: tortious act, Tortious interference

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 ?
independent of the formal validity of an underlying contract, tortious
Accordingly, it relies heavily upon objective facts as opposed to subjective evidence, making it significantly easier for parties, lawyers, judges and juries to determine both before and after the fact whether the conduct is tortious.
As policyholders become more sophisticated, the traditional reasons for dismissing or striking tortious reverse bad faith are eroding.
cause of action accrues upon the cessation of the tortious conduct.
(2) When a defendant, although not physically present in the relevant forum, intentionally engages in tortious conduct that injures a plaintiff located there, courts will evaluate the injuries or "effects" when analyzing whether a sufficient connection exists between the plaintiffs claim and the defendant's contacts.
Tekmira's amended complaint adds new claims alleging breach of contract, breach of the implied covenant of good faith and fair dealing, tortious interference with contractual relationships, and civil conspiracy.
On April 4, 2008, the doctor filed a complaint against the hospital alleging breach of contract, tortious breach of contract, violation of public policy, intentional infliction of emotional distress, tortious interference with advantageous business relationship or expectancy, and defamation.
In the complaint, Coventry accused John Hancock of tortious interference with a contract, negligent interference with a contract, and other tortious violations.
Technology provider and agency-broker ITG has dropped a claim of 'tortious interference' as part of an ongoing complaint against Liquidnet, which alleges ITG has infringed one of its patents.
On these facts, the Texas Supreme Court squarely held that "tort damages are recoverable for a fraudulent inducement claim irrespective of whether the fraudulent representations are later subsumed in a contract or whether the plaintiff only suffers an economic loss related to the subject matter of the contract." (41) This decision relied on the traditional use of fraud to recover purely economic losses, as well as (i) the existence of a tort duty separate and independent of the contract, (ii) the voidability of a fraudulently procured contract, (iii) an analogy to promissory fraud, and (iv) an analogy to tortious interference with contractual rights or expectations.