tort

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Related to Intentional tort: Unintentional Tort

tort,

in law, the violation of some duty clearly set by law, not by a specific agreement between two parties, as in breach of contractcontract,
in law, a promise, enforceable by law, to perform or to refrain from performing some specified act. In a general sense, all civil obligations fall under tort or contract law.
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. When such a duty is breached, the injured party has the right to institute suit for compensatory damagesdamages,
money award that the judgment of a court requires the defendant in a suit to pay to the plaintiff as compensation for the loss or injury inflicted. Damages are the form of legal redress most commonly sought.
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. Certain torts, such as nuisancenuisance,
in law, an act that, without legal justification, interferes with safety, comfort, or the use of property. A private nuisance (e.g., erecting a wall that shuts off a neighbor's light) is one that affects one or a few persons, while a public nuisance (e.g.
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, may be suppressed by injunctioninjunction,
in law, order of a court directing a party to perform a certain act or to refrain from an act or acts. The injunction, which developed as the main remedy in equity, is used especially where money damages would not satisfy a plaintiff's claim, or to protect personal
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. Many crimes are also torts; burglary, for instance, often constitutes trespasstrespass,
in law, any physical injury to the person or to property. In English common law the action of trespass first developed (13th cent.) to afford a remedy for injuries to property.
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.

The history of Anglo-American tort law can be traced back to the action for trespass to property or to the person. Not until the late 18th cent. was the currently observed distinction made between injury willfully inflicted and that which is unintentional. In the early 19th cent., negligencenegligence,
in law, especially tort law, the breach of an obligation (duty) to act with care, or the failure to act as a reasonable and prudent person would under similar circumstances.
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 was distinguished as a separate tort, and it has come to supply a large portion of tortious litigation.

The general tendency today is to rule that the breach of any duty constitutes a tort, rather than to rule that an alleged tort must fit into some previously recognized variety, such as assault, false imprisonment, or libel. Some courts treat any willful unjustified injury as tortious, while others hold that the act must be defined as tortious by law, regardless of the perpetrator's motive. Torts that injure reputation or feelings are personal torts; those violating statutory rights are constitutional torts; those involving real or personal property are property torts. Property torts include several classes of torts, such as automobile accidents, negligence, product liability, and medical malpracticemalpractice,
failure to provide professional services with the skill usually exhibited by responsible and careful members of the profession, resulting in injury, loss, or damage to the party contracting those services.
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.

In some areas, tort liabilityliability,
in law, an obligation of one party to another, usually to compensate financially. It is a fundamental aspect of tort law, although liability may also arise from duties entered into by special agreement, as in a contract or in the carrying out of a fiduciary duty.
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 can be assigned without a finding of fault, as in no-fault automobile insurance. In areas where the finding of fault remains crucial, and the awards of compensatory or punitive damages can be substantial, tort litigation can be time-consuming and costly. Its defenders claim tort litigation promotes safety and economic efficiency, while critics argue the process does little but raise insurance premiums while providing windfalls to a handful of lawyers. Efforts to reform tort law hope to set limits to damage settlements and to broaden no-fault statutes for use in alternative forms of litigation. In the 1990s many U.S. states, pressed chiefly by conservatives and business interests, passed laws limiting damages, but state courts have repeatedly voided these limits as violations of "open courts" guarantees in state constitutions.

tort

Law a civil wrong arising from an act or failure to act, independently of any contract, for which an action for personal injury or property damages may be brought
References in periodicals archive ?
With respect to torts, there are two basic types: negligence and intentional torts.
to come for Intentional Torts to Persons and Liability for Economic
Fifth, it proposes a new approach to analyzing jurisdiction by considering whether actors who commit intentional torts without a geographic focal point assume the risk of being sued wherever harm occurs.
In 1789, it would have been no more controversial for federal courts to exercise ATS jurisdiction over intentional tort claims by aliens against U.
121, 122-24 (1993) (arguing that comparative fault principles should be applied in certain intentional tort cases as a matter of fairness).
Few courts have determined that a type of intentional tort exception to the exclusivity of the LHWCA must exist, and thus, have found that an employee may sue his employer if the employer deliberately intended to injure the employee.
2005) (holding forum based injuries caused by intentional tort provide basis for jurisdiction).
These self-help legal constructs, in turn, can be divided into three parts: (1) traditional intentional tort defenses, (2) traditional negligence tort defenses and barriers, and (3) analogical self-help defenses.
Insurance protection is usually available for the person who commits an intentional tort.
331) Two important exceptions to jurisdiction and the waiver of sovereign immunity are relevant here: the discretionary function exception and the intentional tort exception.
On 21 October 1999, separate from another suit to challenge her termination, Coolidge filed a negligence claim against Adam's parents and an employment intentional tort claim against the school district.
Complaints that allege only intentional tort theories--or in some jurisdictions, only facts showing intentional acts--may not trigger the duty to defend because the allegations, even if proven, do not lie within the coverage of the policies.