Tort
In the common law, a tort is a civil wrong for which the law provides a remedy. The origins of the modern law of torts lie in the old remedies of trespass and trespass on the case. The term itself comes from Law French and means, literally, 'a wrong' (avoir tort = "to be wrong" or "to have wronged "). The equivalent body of law in civil law legal systems is delict.
Definition of a tort
In his famous treatise, Handbook of the Law of Torts, William Prosser defined "tort" as "a term applied to a miscellaneous and more or less unconnected group of civil wrongs other than breach of contract for which a court of law will afford a remedy in the form of an action for damages."
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Besides damages, in a limited range of cases, tort law will tolerate self-help, for example, using reasonable force to expel a trespasser. Further, in the case of a continuing tort, or even where harm is merely threatened, the courts will sometimes grant an injunction to restrain the continuance or threat of harm.
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~ Table of Content ~
| ► | Introduction |
| ► | In general |
| ► | Definition of a tort |
| ► | Purposes of torts |
| ► | Categories of torts |
| ► | Torts and criminal law |
| ► | Tort by legal jurisdiction |
| ► | See also |
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