Legal Definitions - Tort

Definition: A tort is a civil wrong that causes injury or harm to another person, for which the courts can impose liability. It can be an act or omission that violates a legal right, resulting in loss or detriment to the victim.

Overview: The main purpose of tort law is to provide relief to injured parties, impose liability on the responsible party, and deter others from committing harmful acts. Torts can shift the burden of loss from the victim to the party at fault. The most common remedy is monetary compensation, but injunction and restitution are also possible. Torts fall into three categories: intentional, negligent, and strict liability. Intentional torts are those that the defendant knew or should have known would result from their actions. Negligent torts occur when the defendant's actions were unreasonably unsafe. Strict liability torts do not depend on the degree of care that the defendant used, but rather on whether a particular harm resulted.

Examples: Some examples of torts include:

• Trespass: When someone intentionally invades another person's land without permission.
• Battery: When someone intentionally touches another person in a harmful or offensive way without their consent.
• Assault: When someone intentionally causes another person to fear imminent harmful or offensive contact.
• False Imprisonment: When someone intentionally confines another person without their consent and without authority of law.
• Intentional Infliction of Emotional Distress: When someone intentionally causes severe emotional distress to another person through outrageous conduct.
• Negligence: When someone fails to exercise reasonable care, causing harm to another person.
• Products Liability: When a manufacturer sells a defective product that causes harm to a consumer.

Explanation: These examples illustrate how a tort can be an intentional or unintentional act that causes harm to another person. In each case, the victim can seek compensation for their losses, such as medical expenses, lost wages, and pain and suffering. The defendant can be held liable for their actions or omissions, and may be required to pay damages to the victim. The specific elements of each tort must be proven in court, such as intent, causation, and damages.