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 ?
While judges have argued that "deterrence requires a perception by others that the tortfeasor is being punished," (16) it seems more accurate to say that "deterrence requires a perception by others that they will be punished if they engage in similar misconduct.
95) This facilitates securing a federal judgment against a tortfeasor who refuses to pay.
Thus, the SJC reasoned that evidence of actual amounts billed and actual amounts paid are subject to many outside factors that "have nothing to do with the tortfeasor.
Plaintiffs subject to the earlier contributory negligence rule were placed by the law in a precarious "all or nothing" position during trials against single and multiple defendant tortfeasors.
joint tortfeasors because, while one made the infringing article, the
Under this system of several-only liability, plaintiffs, not defendants, bear the risk of insolvent joint tortfeasors," the court said.
Where insurance is in fact provided, given the insurer must charge a premium sufficient to cover overhead costs, if direct primary recovery from the tortfeasor by the victim is assured then the purchase of insurance represents an actuarially unfair and needless (i.
unidentifiable, or judgment-proof tortfeasor and receives nothing.
Write-off amounts are not actual damages suffered by the claimant, since any write-off is not a loss caused by the tortfeasor (12).
While the legal relationships between the parties in multiple defendant cases developed, the all-or-nothing approach of contributory negligence receded into a minority view and was supplanted by comparative fault, which allows liability to be apportioned between a tortfeasor and an injured party.
This is akin to the argument that a mechanism that brings about efficient actions, given that one is a potential tortfeasor, can lead to inefficient decisions regarding whether to be a potential tortfeasor (Shavell 1987, pp.
Some of these goals might be specific to particular areas of the law; an example from tort law would be corrective justice and the proper allocation of responsibility to the tortfeasor.