Tort

Definition

A tort is a wrongful act, considered under civil law, that causes harm or loss to another person. It is separate from criminal acts or breaches of contract but still leads to the perpetrator being held liable for damages. Torts cover a broad range of misconduct including actions that harm a person’s property, reputation, or personal well-being.

Examples

1. Negligence: Failure to exercise appropriate care in certain situations, such as a landlord’s neglect to repair faulty wiring despite awareness of the defect, leading to a fire. The victim can claim damages for any resulting loss or injury.
2. Nuisance: Interference with a person’s enjoyment of their land, like excessive noise, pollution, or odors emanating from a neighboring property.
3. Trespass: Unauthorized entry onto someone’s property, which can be physical trespass (physically intruding) or trespass to chattels (interfering with someone’s possession of their personal property).

Frequently Asked Questions

1. What is the difference between a tort and a crime?

• A tort is a civil wrong that mainly results in the offender being liable to compensate the victim, whereas a crime is a public wrong punished by the state through fines, imprisonment, or other penalties.

2. Can an act be both a tort and a crime?

• Yes, certain actions can be both a tort and a crime. For example, assault can be prosecuted criminally and also form the basis of a tort claim for damages.

3. How is tort liability determined?

• Tort liability is determined based on elements like duty, breach of duty, causation, and damage. The plaintiff must demonstrate that the defendant had a duty to act or refrain from acting in a certain way, breached that duty, and caused damages as a result.

4. What remedies are available in tort cases?

• Common remedies include compensatory damages (to cover actual loss), punitive damages (to punish and deter future misconduct), and injunctions (court orders preventing or compelling specific actions).

5. What is strict liability in tort law?

• Strict liability implies that a party can be held liable for damages without proof of fault or negligence, typically applied in cases involving inherently dangerous activities or defective products.

Related Terms and Definitions

• Negligence: Failure to take appropriate care, resulting in damage or injury to another.
• Nuisance: An action or condition that interferes with the use or enjoyment of property.
• Trespass: Unauthorized invasion or interference with another’s property.
• Duty of Care: A legal obligation to avoid causing harm that a reasonable person would foresee.
• Causation: A direct link between one’s action and the resulting harm.
• Damages: Financial compensation awarded to the victim of a tort.
• Injunction: A court order requiring a party to do or refrain from doing specific acts.

Online Resources

• American Bar Association on Tort Law
• FindLaw’s Tort and Personal Injury Section
• Legal Information Institute at Cornell Law School: Tort

References

• “Prosser and Keeton on the Law of Torts” by W. Page Keeton, Dan B. Dobbs, Robert E. Keeton, and David G. Owen
• “The Law of Torts” by Dan B. Dobbs, Paul T. Hayden, and Ellen M. Bublick
• “Understanding Torts” by John L. Diamond, Lawrence S. Levine, and M. Stuart Madden

Suggested Books for Further Studies

1. “Prosser and Keeton on the Law of Torts” – W. Page Keeton
2. “The Law of Torts” – Dan B. Dobbs
3. “Understanding Torts” – John L. Diamond
4. “Cases and Materials on Torts” – Richard A. Epstein
5. “Hornbook on the Law of Torts” – Dan B. Dobbs

Real Estate Basics: Tort Fundamentals Quiz