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.
There is some overlap between tort law and criminal law - some acts may at once constitute both a tort and a crime - and many crimes may be viewed as particularly egregious torts. A cause of action in tort can also be distinguished from a
criminal prosecution which may arise from the alleged
violation of a criminal statute.
The former is typically prosecuted by a private citizen, whereas the
latter is prosecuted by the stateThis article discusses states as sovereign political entities. For other meanings, see state (disambiguation). In international law and international relations, a state is a political entity possessing sovereignty, i. not being subject to any higher polit, and one or both may be brought
forth independently.
Moreover, remedies for torts can take the form of compensation for
damages or injunctive reliefAn injunction is an equitable remedy in the form of a court order that either prohibits or compels ("enjoins" or "restrains") a party from continuing a particular activity. The party that fails to adhere to the injunction faces civil or criminal contempt. A criminal
prosecution usually results in the imposition of a sentence, such as a fineA fine is money paid as a financial punishment for the commission of minor crimes or as the settlement of a claim. A synonym, typically used in civil law actions, is mulct . Common examples of fines are monies paid for violations of traffic laws. Currentl and/or
incarcerationA prison is a place in which people are confined and deprived of a range of liberties. Prisons conventionally are institutions authorised by governments and forming part of a country's criminal justice system, or as facilities for holding prisoners of war.
See also
Abuse of processAbuse of process is a common law intentional tort. It is to be distinguished from malicious prosecution another type of tort that involves misuse of the public right of access to the courts. The elements of a valid cause of action of abuse of process in m,
AssaultAssault is the crime of violence against another person. In some jurisdictions (e. Australia), assault is used to refer to the actual violence, while in other jurisdictions (e. some in the United States, England and Wales), assault refers only to the thre,
BatteryIn many common law jurisdictions, the crime of battery involves an injury or other contact upon the person of another in a manner likely to cause bodily harm. Contact prohibited by laws against battery has lately been understood to include bodily secretio,
Defamation,
Good faith,
Legal immunity,
Loss of consortium ,
Intent,
Interference with contractual relations ,
Malicious prosecution,
Malpractice,
Negligence,
Negligence per se,
Passing off,
Product liability,
Proximate cause,
Remedies,
Res ipsa loquitur,
Slander and libel,
Transferred intent,
Trespass,
Trespass to chattels
Well-known tort cases: Stella Liebeck v. McDonald's Corporation, Donoghue v. Stevenson, Gutnick v. Dow Jones
Civil law Tort law
