Tort

Tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. It can include intentional infliction of emotional distress, negligence, financial losses, injuries, invasion of privacy, and many other things.

Definition

A tort is an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability. In the context of torts, "injury" describes the invasion of any legal right, whereas "harm" describes a loss or detriment in fact that an individual suffers.

History

The word tort is derived from the Latin word tortum, which means "twisted" or "wrong." The concept of tort law originated in England with the common law. It was based on the concept of a personal action available with the King's court, alleging a wrong against the person.

Types of Torts

There are several types of torts, but three are predominant: intentional torts, negligence, and strict liability.

Intentional Torts

An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. The type of torts includes assault, battery, trespass, false imprisonment, slander, libel, and intentional infliction of emotional distress.

Negligence

Negligence is a tort which arises from the breach of the duty of care owed by one person to another from the perspective of a reasonable person. For instance, a reasonable person would check their rear-view mirror before backing up to ensure they do not hit another car. If they fail to do that and hit another car, they have been negligent.

Strict Liability

Strict liability torts, unlike negligence and intentional torts, are not dependent on the degree of carelessness or intent. They are often against product manufacturers or landowners as they have a duty to make and sell products that are free from unreasonable or unexpected dangers to the consumer.

See Also

• Law
• Civil law (common law)
• Common law
• Negligence
• Intentional infliction of emotional distress
• Strict liability

References

Tort Resources
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