Preview

Tort

Powerful Essays
Open Document
Open Document
1653 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Tort
A civil wrong other than a breach of contract. Tort usually refers to the causing of damage to property or to a person's reputation, or harm to a person's commercial interests.

Wrongful act, other than a breach of contract, that injures another and for which the law permits a civil (noncriminal) action to be brought. Relief may be obtained in the form of damages or an injunction. The term derives from Latin tortum, meaning something twisted, wrung, or crooked

The body of the law which allows an injured person to obtain compensation from the person who caused the injury.

In general, a civil wrong, other than breach of contract, for which a court will provide a remedy in the form of a suit for damages.

Salmond and Hueston- A tort is a civil wrong for which the remedy is a common action for unliquidated damages, and which is not exclusively the breach of a contract or the breach of a trust or other mere equitable obligation.

Winfield and Jolowicz- Tortuous liability arises from the breach of a duty primarily fixed by law; this duty is towards persons generally and its breach is redressible by an action for unliquidated damages.

Nature of tort

Historically tort had its roots in criminal procedure. Even today there is a punitive element in some aspects of the rules on damages. However tort is a species if civil injury or wrong. The distinction between civil and criminal wrongs depends on the nature of the remedy provided by law. A civil wrong is one which gives rise to civil proceedings. A civil proceeding concerns with the enforcement of some right claimed by the plaintiff as against the defendant whereas criminal proceedings have for their object the punishment of the defendant for some act of which he is accused. Sometimes the same wrong is capable of being made the subject of proceedings of both kinds. For example assault, libel, theft, malicious injury to property etc. in such cases the wrong doer may be punished criminally and also

You May Also Find These Documents Helpful

  • Powerful Essays

    En1320 Unit 1 Research Paper 1

    • 27742 Words
    • 111 Pages

    negligence, or under any other theory of liability) for any loss or damage of any kind or nature related to, arising under,…

    • 27742 Words
    • 111 Pages
    Powerful Essays
  • Good Essays

    TORT - A Tort is a civil wrong that is outside of Contract Law and arises out of a recognition that a person is responsible for their acts and omissions when dealing with others. The term "Tort" refers to a number of different laws such as nuisance, trespass and assault. Torts action generally compensates the individual for personal loss where the loss was caused by another person. It is based on Common Law.…

    • 9301 Words
    • 38 Pages
    Good Essays
  • Good Essays

    Erin Brockowich

    • 804 Words
    • 4 Pages

    A wrongful act, not including a breach of contract or trust, that results in injury to another's person, property, reputation, or the like, and for which the injured party is entitled to compensation.…

    • 804 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    dealing”, which is breached by acts of bad faith. A wronged party can bring a lawsuit for…

    • 424 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    GBL 295 EXAM 2

    • 1533 Words
    • 4 Pages

    Tort: A “Civil Wrong” Torts refer to a general classification covering civil causes of action…

    • 1533 Words
    • 4 Pages
    Better Essays
  • Good Essays

    An intentional tort is a person deliberately causing harm or loss to another person. Examples are trespassing, causing a nuisance and defaming are intentional torts.…

    • 1189 Words
    • 7 Pages
    Good Essays
  • Powerful Essays

    LA 245 Study Guide

    • 6344 Words
    • 24 Pages

    Torts: a violation of a duty imposed by the civil law. When someone breaks one of those duties and injures another, it is tort…

    • 6344 Words
    • 24 Pages
    Powerful Essays
  • Better Essays

    MGMT 217

    • 2186 Words
    • 9 Pages

    A person found liable for a civil wrong may be required to pay money damages to the injjred party, or to refrain from doing specifc act…

    • 2186 Words
    • 9 Pages
    Better Essays
  • Good Essays

    Ch 9-11 notes

    • 1827 Words
    • 8 Pages

    Civil (Tort) Law (p. 268)—law that concerns itself with private, individual harms and objective responsibility, focused mainly on compensating an individual party for measurable harm suffered.…

    • 1827 Words
    • 8 Pages
    Good Essays
  • Good Essays

    Canadian Law Categories

    • 4297 Words
    • 18 Pages

    5. Criminal law: consider a crime to be an act against the state (similar to public)outlined by the Criminal Code of Canada (CCC). Even if act is towards an individual.…

    • 4297 Words
    • 18 Pages
    Good Essays
  • Good Essays

    • Criminal negligence - a persons action or omission is so extreme that they are charged with a criminal offence…

    • 950 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    When one has committed a wrong doing, that person should be punished, and the one who has been wronged needs to feel vindicated. Others who may think of wronging someone in the same fashion will think twice first before it. One of the ways to punish people is through the civil court system with the use of torts. This system allows any person to confront any entity that has wronged them and demand retribution. Torts are an important tool enabling people to recover damages lost through medical costs, property lost, reparations for pain and suffering as well as mental anguish.…

    • 1609 Words
    • 7 Pages
    Powerful Essays
  • Good Essays

    Why Torts Went Wrong

    • 393 Words
    • 2 Pages

    As we have already learned in class, a tort is a form of wrongful action that brings or causes harm to someone else that can lead to a lawsuit. Some torts are intentional, negligent, or strict liability. If you were intentionality trying to hurt someone or you were being reckless, you weren’t not making safe and conscious actions that only affect you. There are many different forms of intentional torts that are committed every day and there are consequences for those actions.…

    • 393 Words
    • 2 Pages
    Good Essays
  • Good Essays

    LAWS1061 Exam Notes

    • 10741 Words
    • 47 Pages

    Tort law has a compensatory function which means damages may be awarded where a person had been injured by the negligence of another.…

    • 10741 Words
    • 47 Pages
    Good Essays
  • Satisfactory Essays

    In all actions brought to recover damage for negligence resulting in death or injury to person or property, the fact that the plaintiff may have been guilty of…

    • 472 Words
    • 2 Pages
    Satisfactory Essays

Related Topics