tort


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tort

Etymology: L, tortus, twisted
(in law) a civil wrong, other than a breach of contract. Torts include negligence, false imprisonment, assault, and battery. The elements of a tort are a legal duty owed by the defendant to the plaintiff, a breach of duty, and damage from the breach of duty. A tort may be constitutional, in which one person deprives another of a right or immunity guaranteed by the Constitution; personal, in which a person or a person's reputation or feelings are injured; or intentional, in which the wrong is a deliberate act that is unlawful. Many other kinds of torts exist. tortious, adj.

tort

Law & medicine An act deemed unlawful and capable of triggering a civil action; the wrongdoer–tortfeasor may be held liable in damages. See Malpractice, Negligence Opthalmology verb To rotate an eye on its anteroposterior axis.

tort,

n civil infractions (except for breach of contract) that result in injury entitling compensation. Includes but is not limited to trespassing, negligence, and defamation.

tort,

n a legal wrong perpetrated on a person or property, independent of contract.
References in periodicals archive ?
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.
92) The consistent turn to tort concepts may demonstrate the victory-politically and historically contingent and not tied to inherent features of either driving or the tort/crime line-of those who have sought to normalize the violence brought by the automobile.
Tort concepts consistently, perhaps inevitably, echo throughout the law of traffic crimes.
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.
Source of the Debate: Waiver of Tort for Negligence
Prior to the recent influx of class action lawsuits based on waiver of tort and negligence, negligence was consistently rejected as a tort supporting disgorgement under the parasitic theory.
Finally, questions are raised regarding the overall credibility of the tort system.
Scanning through the section above, it would seem the deniers believe there is insufficient empirical evidence to prove the power of deterrence and that the tort system does not achieve the goals it sets out: punishment and deterrence.
Although the response rate was modest (15%), while most agreed that one should not generalize about deterrence because "[i]ndividual judgments affect us in different ways," 73% agreed that a tort judgment against a company in the same line of commerce would prompt their company "to examine methods of production regarding the affected product [or service] and, if needed, quietly take steps to make sure our products are in compliance with applicable standards.
compensable by the tort system (say, by flying carelessly and knocking
costs of the tort system with one swoop of his wand, and the results are
than the tort system, because all and only those who are liable are made