Tort

Introduction to Tort

Tort, wrongful act that causes injury to a person or property and for which the law allows a claim by the injured party to recover damages (money). A lawsuit based on a tort is a private claim under civil law, the law in the United States that governs the relationships between individuals-for example marriage, contracts, or injuries. The civil law concerning torts attempts to remedy injuries suffered by individuals or corporations by forcing the party who caused the harm to compensate the victim. In contrast, criminal law governs the relationship between the government (state) and the individual and punishes a person who acts in a way considered harmful to society as a whole.

Both torts and contracts are governed by civil law, but the duty that exists between the person who commits a tort and the person injured does not result from an agreement or contract. In other words, a person does not have to form a contract with another person in order to prevent that person from assaulting him or her. Instead, society requires that individuals act in certain ways and requires them to provide compensation if they injure someone because they failed to act in the required manner.

In the 1990s lawsuits based on tort made up nearly half of all lawsuits in the United States. Over 1.5 million tort claims are filed every year in the United States.The majority of tort cases involve automobile accidents, medical malpractice, or defective products.” (1)

Introduction

Tort

This entry provides an overview of the legal framework of tort, with a description of the most significant features of tort at international level.

Related Work and Conclusions

Resources

See Also

References (Papers)

• Leaders And Laggards: Tackling State Legislative Responses To The Youth Sports Concussion Epidemic, Chris Lau, May 2017
• A Tort In Search Of A Remedy: Prying Open The Courthouse Doors For Legal Malpractice Victims, Susan S. Fortney, Apr 2017
• Conceptualizing The Intentional Torts, Mark A. Geistfeld, Apr 2017
• Rape On The Washington Southern: The Tragic Case Of Hines V. Garrett, Michael I. Krauss, Mar 2017
• Simmons V. Briones, 133 Nev. Adv. Op. 9, Annie Avery, Mar 2017
• Tort Vision For The New Millennium: Strengthening News Industry Standards As A Defense Tool In Law Suits Over Newsgathering Techniques Essay, Micahel W. Richards, Feb 2017

Resources

Notes and References

• Information about Tort in the Encarta Online Encyclopedia

Guide to Tort

The Legal History of Tort

This section provides an overview of Tort

Resources

See Also

• Legal Biography
• Legal Traditions
• Historical Laws
• History of Law

Further Reading

• Tort in the Oxford International Encyclopedia of Legal History (Oxford University Press)
• The Oxford Encyclopedia of American Political and Legal History (Oxford University Press)
• Tort in the Dictionary of Concepts in History, by Harry Ritter
• A Short History of Western Legal Theory, by John Kelly