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.

In general

Tort law is distinguished from the law of contract, the law of restitution, and the criminal law. Contract law protects expectations arising from promises, restitution prevents unjust enrichment, and criminal law punishes wrongs that are so severe (like murder) that the sovereign has a direct interest in preventing them. Note that many wrongs can result in liability to both the state (as crimes) and to the victim (as torts).

Related Topics:
Contract - Restitution - Criminal law - Promise - Murder - Liability

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Tort law serves to protect a person's interest in his or her bodily security, tangible property, financial resources, or reputation. Interference with one of these interests is redressable by an action for compensation, usually in the form of unliquidated damages. The law of torts therefore aims to restore the injured person to the position he or she was in before the tort was committed (the expectation or rightful position principle).

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In most countries, torts are typically divided into three broad categories: intentional torts, negligence and nuisance. Additional categories or subcategories are recognized in some countries. Some torts are strict liability torts, in that the plaintiff may recover by showing only that they suffered an injury, which caused them damages, and that the defendant was responsible for causing the injury — there is no need to show the defendant's state of mind or that the defendant breached a duty of due care.

Related Topics:
Intentional torts - Negligence - Nuisance - Strict liability - Plaintiff

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