A Tort is a civil wrong that causes someone to suffer loss or harm, resulting in legal liability for the person who commits the tortious act, called a tortfeasor. It's a breach of a duty imposed by law, as opposed to a breach of contract. Torts cover a wide range of actions, from intentional acts like assault and battery, to negligence, where someone fails to exercise reasonable care, to strict liability situations, such as product liability or abnormally dangerous activities. The purpose of Tort law is to provide remedies for those who are injured due to another's wrongful conduct. These remedies often take the form of monetary compensation, but can also include injunctions or other forms of relief. The standard of proof is a preponderance of the evidence, meaning it is more likely than not that the Tort occurred.
Tort meaning with examples
- A driver, distracted by their phone, runs a red light and crashes into another car, causing injury to the other driver and damage to their vehicle. This constitutes negligence, a common Tort, because the driver breached the duty of care they owed to other road users. The injured party can sue for damages, including medical bills, lost wages, and vehicle repair costs. The driver's insurance company would typically cover the damages.
- A company knowingly manufactures a defective product, such as a toy with a sharp edge. A child using the toy gets injured due to this design flaw. This falls under product liability, a type of strict liability tort. The parents of the child can sue the company for damages, arguing that the company is responsible for the injury regardless of whether they were negligent in the manufacturing process. Strict liability places the responsibility on the maker of the product.
- During a heated argument, one person physically attacks another, resulting in injuries. This constitutes battery, an intentional tort. The victim can sue the attacker for damages, including medical expenses, pain and suffering, and emotional distress. Criminal charges might also be filed against the attacker, but the Tort action is a separate civil matter, seeking monetary compensation.
- A newspaper publishes false and damaging statements about a public figure, knowing the statements are untrue or recklessly disregarding their truth or falsehood. This constitutes defamation, specifically libel (written defamation). The public figure can sue the newspaper for damages to their reputation, which can include substantial financial compensation. The media outlet failed to ensure the truthfulness of its claims.
- A landowner fails to maintain their property, and a visitor slips and falls on a patch of ice, sustaining injuries. This is an example of negligence related to premises liability. The injured visitor can sue the landowner for their injuries, as the landowner had a duty to ensure the property was reasonably safe for visitors. The owner's failure to do so resulted in the Tort of negligence.
Tort Crossword Answers
5 Letters
WRONG
10 Letters
CIVILWRONG