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Definition of Tort

Definition of Tort - A tort is a violation of another person's rights or a civil wrong not arising out of a contract or statute.

 

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A second definition of tort may include that this personal violation or wrong can be negligent or intentional such as battery or defamation of character. Torts can also be violations of personal property as well.

A tort, as defined, means that someone was injured by someone else and can seek a legal remedy through the court system.

Legally, torts are called civil wrongs as opposed to criminal wrongs. Actions like battery, though, can be both a tort and a crime and the defendant can face both civil and criminal penalties. Torts may be committed with force or without force to the person or to the property in possession.

For many years, it has been prohibited for family members to sue one another for fear that this would lead to a breakdown of the family. More recently, though, the states and the courts have realized that if family members have committed torts against one another that there is already a breakdown in the family. In some states, it is legal to sue a spouse during the marriage, others after separation and still others only if an intentional tort is involved. It is best to check out the law in your particular state on this matter.

Tort laws have been enacted to provide relief for the damages incurred and deter others from committing the same injurious acts. Under most tort laws, a person can sue for an injunction to stop the continuation of an injurious act or for monetary damages. Some of the monetary damages a person can sue for under tort law include loss of earnings capacity, pain and suffering, and reasonable medical expenses in the present and projected into the future as well.

Some of the more specific torts include trespass, assault & battery, negligence, products liability, and intentional infliction of emotional distress. As defined, torts fall into three different categories: intentional, negligent and liability (manufacturing and selling defective products).

Tort law is created through the collaboration of judges and legislatures and enacted into state law. Some states refer to Restatement of Torts (both 2nd and 3rd) by the American Law Institute as an influential and orderly guides to general U. S. law.

Tort reform has been on the political agenda as of late. The current administration and congress views tort reform as a major policy objective and in February 2005 won a meaningful victory in allowing federal courts to hear class action suits of over $5 million. In a contentious partisan battle, though, the Senate has blocked a bill aimed at reducing the liability of asbestos manufacturers and medical malpractice reform legislation has also, for the moment, been blocked.


 

 

 

 

 

 

 


 

 


 

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