A tort is a wrongful act that harms someone, and for which the law says someone must pay. It's different from breaking a contract; it's about violating a duty imposed by law, not a promise.
Understanding Torts
A tort is a civil wrong, meaning it's a violation of a legal duty owed to another person. This duty isn't created by a contract or agreement, but rather by the law itself. If someone commits a tort, they can be sued for damages or other remedies.
Key Characteristics of a Tort:
- Wrongful Act: The act must be something the law considers wrong.
- Harm to Another: Someone must suffer some kind of injury or loss.
- Civil Liability: The person who committed the tort is legally responsible for compensating the harmed party.
Examples of Torts:
- Negligence: Failing to act as a reasonable person would in a given situation, resulting in harm (e.g., a car accident caused by distracted driving).
- Assault and Battery: Assault is the threat of physical harm, while battery is the actual physical harm.
- Defamation: Making false statements that harm someone's reputation (libel is written, slander is spoken).
- Trespassing: Entering someone's property without permission.
Legal Remedies for Torts
If you are harmed by a tort, you can sue the responsible party and seek legal remedies, which might include:
- Monetary Damages: Compensation for your losses (medical bills, lost wages, pain and suffering).
- Injunctions: Court orders requiring the person to stop doing something.
The definition provided states: "a wrongful act other than a breach of contract that injures another and for which the law imposes civil liability". This highlights the core elements: a wrongful act, distinct from contract law, causing injury, and resulting in legal responsibility.
