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 ?
one joint tortfeasor to sue another and secure joint and several
primary intent of the rule is "(1) to punish the tortfeasor, or (2)
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 negligence rule can therefore in principle give a tortfeasor an incentive to spend on care to reach the optimal standard.
104) The tortfeasor would have to wait a shorter time to be compensated than under the ex post version as the injunction is only temporary and would be cancelled if the tortfeasor were not fully compensated.
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.
201) The court concluded that the tortfeasor could not force the insurer to join the suit; it noted that the fact that the insurer was in control of the suit counted in favor of allowing it to remain unnamed.
Why, then, do courts insist that punitive damages do not deter when the tortfeasor is deceased?
76) Her case with the tortfeasor settled for $550,000, however, the parties did not allocate categories of damages to the settlement.
21) Interestingly, the court rejected "the concept that intentional conduct is 'different in kind' from both negligence and wanton and willful conduct" for the purpose of applying apportionment principles, reasoning that "consistent with the evolution of comparative negligence and joint-tortfeasor liability in this state, we hold that responsibility for a plaintiffs claimed injury is to be apportioned according to each party's relative degree of fault, including the fault attributable to an intentional tortfeasor.
Mittal said, " Where the owner himself is a tortfeasor ( one who commits a wrongful act that injures another), he cannot claim compensation from his own insurer for a third party policy.