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Encyclopedia > Tort law

In the common law, a tort is a civil wrong for which the law provides a remedy. The term comes from Law French and means, literally, 'a wrong'.


The "law of torts" is a body of civil law or private law that covers the various legal (money damages) and equitable remedies which the law provides for civil wrongs arising from extra-contractual liability, i.e., other than those wrongs which arise from a breach of contractual obligations. The majority of legal claims (and the lawsuits that they are brought in) are torts.

In common law, many torts originated in the criminal law, and there is still some overlap between crime and tort. For example, in English law an assault is both a crime and a tort (a form of trespass to the person).


The difference that grew up between the two is that in tort it is the victim who will normally initiates any court action and who aims to have a wrong compensated (for example by the payment of damages) or prevented (for example by injunctive relief); while in crime actions are normally begun by a public body or their representative, their main focus being the punishment of the crime. Another distinction is that incarceration is available as a penalty for crimes, but not for torts.


Having said that, many jurisdictions retain an punitive element as a part of the law of tort via exemplary damages, and some torts may have a public element, for example public nuisance, with actions being maintained by a public body. While criminal law is primarily punitive, again many jurisdictions have evolved forms of compensation that may be ordered by criminal courts.


See also


Well-known tort cases: Stella Liebeck v. McDonald's Corporation, Donoghue v. Stevenson, Gutnick v. Dow Jones


  Results from FactBites:
 
Tort - Wikipedia, the free encyclopedia (1195 words)
The origins of the modern law of torts lie in the old remedies of trespass and trespass on the case.
Tort law is distinguished from the law of contract, the law of restitution, and the criminal law.
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).
E Law - The Potential of the Law of Torts to Assist in the Protection of Children (10971 words)
In a sense, this provides another avenue for tort law to protect children, in that it prevents liability attaching to children for committing acts they may not be aware are wrong, or may not be capable of being aware of consequences which may flow from their actions.
For if the law cannot "accommodate all the untidy complexity of life"[139] then the boundaries of the law of torts, and negligence in particular, must always be tested.
Cretney observes that by the Law Commission's statutory list of those entitled to seek protection against molestation, "the groupie of man or woman scorned is to remain free to behave in as uncivilised a way as the law of torts permits." Cretney, S.
  More results at FactBites »


 

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