Tort: Wikis

  
  
  

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.Tort law is a body of law that addresses and provides remedies for civil wrongs not arising out of contractual obligations.^ A tort is a civil wrong, not a crime.
  • Tort Law 25 September 2009 5:36 UTC www.angelfire.com [Source type: Original source]

^ In American law, a tort is a private or civil wrong or injury.
  • The Privacy Torts: How U.S. State Law Quietly Leads the Way in Privacy Protection 25 September 2009 5:36 UTC www.privacilla.org [Source type: Original source]

^ It has been widely argued that tort law can provide an effective decentralizes mechanism by which a socially optimal level of externality control can be achieved.
  • Tort Law 25 September 2009 5:36 UTC www.angelfire.com [Source type: Original source]

[1] .A person who suffers legal damages may be able to use tort law to receive compensation from someone who is legally responsible, or liable, for those injuries.^ "Agreements legally formed have the force of law over those who are makers of them."
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ Tort law Tort law is the law of injury.
  • TORT REFORM IN TEXAS | Texans for Lawsuit Reform 12 January 2010 10:010 UTC www.tortreform.com [Source type: Original source]

^ Community Outreach Insurance Liability Claims, "Duty Owed", Proximate Damages: Key Elements of Tort When managing an insurance claim, if you feel your benefits are denied or mishandled, you may have tort action depending upon the following elements.
  • Tort - Associated Content - Topic - associatedcontent.com 25 September 2009 5:36 UTC www.associatedcontent.com [Source type: General]

.Generally speaking, tort law defines what constitutes a legal injury and establishes the circumstances under which one person may be held liable for another's injury.^ A tort is any injury to a person caused by another.

^ The second one is tort based on strict liability, which is a species of personal injury.

^ In general, personal injury laws categorized these torts into the following types: .
  • Understanding the Tort Law 20 September 2009 13:29 UTC www.mesrianilaw.com [Source type: FILTERED WITH BAYES]

.Tort law spans intentional and negligent acts.^ Illinois supreme court held that Tort Immunity Act extends to the parking lot, so there is no liability for negligent maintenance of parking lot.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ Like most tort reform legislation, the 1997 Tort Reform Act did [*pg 64] not address significant elements of Alaska tort law and it will not have a lasting impact on Alaska tort victims.
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

^ Similarly, Civil law quite clearly distinguishes between delict (intentional invasions of others' property), for which the actor's 'fault" is in deliberately committing the act itself, and quasi-delict, for which "fault" translates as negligence.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

For instance, Alice throws a ball and accidentally hits Brenda in the eye. .Brenda may sue Alice for losses occasioned by the accident (e.g., costs of medical treatment, lost income during time off work).^ More prevailing than death (with respect to amount of damages won by the plaintiff) is disabling illness – partly due to loss of income and other time-related costs (rehab, relevant medical costs, etc).
  • Tort Reform and Medical Practice « FOX News Health Blog « FOXNews.com 12 January 2010 10:010 UTC health.blogs.foxnews.com [Source type: General]

^ Economic damages are defined differently in each state, but generally refer to direct measurable losses such as medical expenses, lost wages and income, funeral expenses, legal costs, and property damage.
  • The Economic Benefits of Tort Reform 12 January 2010 10:010 UTC www.house.gov [Source type: FILTERED WITH BAYES]

^ Prices are equal to the present value of losses plus company expenses, minus investment income allocated to the policy, and the cost of capital.
  • RiskProf : Tort Reform 12 January 2010 10:010 UTC riskprof.typepad.com [Source type: FILTERED WITH BAYES]

Whether or not Brenda wins her suit depends on if she can prove Alice engaged in tortious conduct. .Here, Brenda would attempt to prove that Alice had a duty and failed to exercise the standard of care which a reasonable person would render in throwing the ball.^ LegalView.com will exercise all reasonable care, within technological limits, to protect the confidentiality of any information submitted via Internet e-mail or through this website.
  • Mass Tort - Attorney, Lawsuit, Law Suit, Case, Claim, Settlement, Lawyer, Litigation 12 January 2010 10:010 UTC mass-tort.legalview.info [Source type: General]

^ Why would any reasonable person, other than attorneys who make money from lawsuits; not be in favor of tort reform.” .
  • Texas Tort Reform | The Doctor Is In 12 January 2010 10:010 UTC docisinblog.com [Source type: FILTERED WITH BAYES]

^ Supporters of the reforms reasoned that if patients’ rights were slashed, access to health care would greatly increase.
  • Tort Reform :: Illinois Nursing Home Abuse Blog 12 January 2010 10:010 UTC blog.levinperconti.com [Source type: News]

.One of the main topics of the substance of tort law is determining the standard of care—a legal phrase that means distinguishing between when conduct is or is not tortious.^ It is the most legally concrete of the privacy torts, which means it is the most likely for the plaintiff to win.

^ The early common law of contracts was acutely sensitive to the resemblance of tort and contract as means of allocating risks, and to the moral and economic preferability of the latter when available.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ M edical care is by no means the only critical area of American life that an out-of-control tort system has begun to threaten.
  • Tort Turns Toxic by Steven Malanga, City Journal Autumn 2002 12 January 2010 10:010 UTC www.city-journal.org [Source type: FILTERED WITH BAYES]

.Put another way, the big issue is whether a person suffers the loss from his own injury, or whether it gets transferred to someone else.^ He suffers injury and gets hospitalized.

^ (D) ("A defendant shall retain the right to assert that another potential tortfeasor, whether or not a party, contributed to the alleged injury or damages and/or may be liable for any or all of the damages alleged by any other party."

^ Tort lawsuits give American people, who have been seriously harmed through no fault of their own, a chance to seek compensation for their losses and suffering.

.Returning to the example above, if Alice threw the ball at Brenda purposely, Brenda could sue for the intentional tort of battery (and the action might also, separately, be pursued as a criminal matter).^ Tort lawsuits function to hold negligent or malfeasant companies and individuals responsible for their actions and curb others'' intentions to commit similar wrongs.

^ Someone who is the victim of a tort has a “cause of action.” This means that he or she may go to court, sue the person who caused the harm, and, if the suit is successful, collect damages.
  • The Privacy Torts: How U.S. State Law Quietly Leads the Way in Privacy Protection 25 September 2009 5:36 UTC www.privacilla.org [Source type: Original source]

^ The third kind is the tort based on intentional wrong, an example of which is when someone knew that what he was doing will cause injury but decides to go through with it.

If it was an accident, Brenda must prove negligence. .To do this, Brenda must show that her injury was reasonably foreseeable, that Alice owed Brenda a duty of care not to hit her with the ball, and that Alice failed to meet the standard of care required.^ If Bork can credibly show that the Yale Club breached its duty of care owed to him, an invitee, then he may collect the damages he has incurred, i.e., medical costs, suffering and pain, in whatever amount the jury deems just.
  • Think Progress » Tort reformer Robert Bork sues Yale Club. 12 January 2010 10:010 UTC thinkprogress.org [Source type: General]

^ Pennsylvania high court held that a hospital that collected drug-test urine samples from employees of a company had a duty of reasonable care to the employees in the proper handling of the samples.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ General Motors, 391 F.2d 495 (8th Cir.1968) (manufacturer of automobile is under duty to use reasonable care in design to avoid subjecting user to unreasonable risk of injury).
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

.In much of the western world, the touchstone of tort liability is negligence.^ Illinois supreme court held that Tort Immunity Act extends to the parking lot, so there is no liability for negligent maintenance of parking lot.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ Even negligence is irrelevant in strict liability torts-the intent of the defendant to prevent the damage is not at question.

^ Some writers feel that American common law initially instituted strict liability as the rule for accidental torts, and only relatively recently reverted to negligence.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

.If the injured party cannot prove that the person believed to have caused the injury acted with negligence, at the very least, tort law will not compensate them.^ He argued that Benner's negligence was a cause of his injuries.
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

^ A tort is any injury to a person caused by another.

^ However, the statute's absolute immunity provides no compensation for injured parties in any circumstance, including situations where the FDA process has failed to protect consumers.
  • Mass Tort Litigation Blog: Preemption 12 January 2010 10:010 UTC lawprofessors.typepad.com [Source type: FILTERED WITH BAYES]

.Tort law also recognizes intentional torts and strict liability, which apply to defendants who engage in certain actions.^ These are torts based on negligence, strict liability and intentional wrong.

^ Strict liability torts seek to recover damages that resulted from reasons other than fault.

^ The second aim of a strict liability tort is to demonstrate a high degree of risk that cannot be avoided through reasonable care.

.In tort law, injury is defined broadly.^ As a final point, the utilizing the beneficial provisions of the U.S. tort can be difficult for those personal injury victims who do not have much background of such law.
  • Understanding the Tort Law 20 September 2009 13:29 UTC www.mesrianilaw.com [Source type: FILTERED WITH BAYES]

^ After an accident has occurred, when the occurrence--but not the future effects--of an injury has become certain, contract law allows for settlement of a tort claim.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ There are many law firms in California that specializes in personal injury and claims based on torts.

.Injury does not just mean a physical injury, such as where Brenda was struck by a ball.^ The fact that the spotters were unable to prevent the weight from falling did not mean that the competition organizers were negligent; the injury was a part of the risk assumed in such competition.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ The appeals court held that the trial court was wrong to dismiss the suit; since the university knew such scrambles for balls occurred, it had a duty to protect fans from such injury.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

.Injuries in tort law reflect any invasion of any number of individual interests.^ As a final point, the utilizing the beneficial provisions of the U.S. tort can be difficult for those personal injury victims who do not have much background of such law.
  • Understanding the Tort Law 20 September 2009 13:29 UTC www.mesrianilaw.com [Source type: FILTERED WITH BAYES]

^ After an accident has occurred, when the occurrence--but not the future effects--of an injury has become certain, contract law allows for settlement of a tort claim.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ Efficient first-party insurance actually decreases risk (as opposed to the chance of injury) by spreading it, thanks to the "law of large numbers."
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

.This includes interests recognized in other areas of law, such as property rights.^ Notwithstanding the foregoing provisions of this paragraph a district court, for the convenience of the parties and witnesses, in the interest of justice, may transfer any such action to any other district or division.
  • Federal Tort Claims Act: An Overview by Michael E. Quinton 12 January 2010 10:010 UTC www.quintonpetix.com [Source type: Original source]

^ It was the first state court to recognize such a right.

^ A person commits a tort when he or she performs an act that is recognized by the law as wrongful toward others and for which the remedy is a private legal action.
  • The Privacy Torts: How U.S. State Law Quietly Leads the Way in Privacy Protection 25 September 2009 5:36 UTC www.privacilla.org [Source type: Original source]

.Actions for nuisance and trespass to land can arise from interfering with rights in real property.^ Trespass was the main form of tort action, since it was related to crimes committed on land.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ Thus, if X deliberately chops down fifty trees, honestly thinking that he owns them while in reality the trees and the land belong to Y, X will be liable in damages for the intentional tort of trespass.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ Nuisance an Interference with Real Rights .
  • The Theory and Principles of Tort Law 20 September 2009 13:29 UTC www.beardbooks.com [Source type: Original source]

.Conversion and trespass to chattels can protect interference with movable property.^ His suit against property owners for not taking more precautions to protect trespassers dismissed by Connecticut high court, which found that the property owners were not on notice about trespassers for this purpose.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ Louisiana high court held that civil law did not provide for common law conversion, but allowed civil remedy for destruction of movable property that is much the same as conversion.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

.Interests in prospective economic advantages from contracts can also be injured and become the subject of tort actions.^ An economic tort can include interference with economic relations or prospective advantage.
  • Tort liability considerations in Domestic Violence Cases. 12 January 2010 10:010 UTC www.peoples-law.org [Source type: Original source]

^ After an accident has occurred, when the occurrence--but not the future effects--of an injury has become certain, contract law allows for settlement of a tort claim.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ The early common law of contracts was acutely sensitive to the resemblance of tort and contract as means of allocating risks, and to the moral and economic preferability of the latter when available.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

.A number of situations caused by parties in a contractual relationship may nevertheless be tort rather than contract claims, such as breach of fiduciary duty.^ After an accident has occurred, when the occurrence--but not the future effects--of an injury has become certain, contract law allows for settlement of a tort claim.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ The mental distress was caused as part of a consensual relationship that either party could have walked away from.
  • The Volokh Conspiracy - Tort Liability: 12 January 2010 10:010 UTC volokh.com [Source type: Original source]

^ This act shall be known and may be cited as "The Governmental Tort Claims Act".
  • OSCN Found Document:Short Title 12 January 2010 10:010 UTC www.oscn.net [Source type: Reference]

.Tort law may also be used to compensate for injuries to a number of other individual interests that are not recognized in property or contract law, and are intangible.^ This is typically done through tort and contract law.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ The goal of plaintiff mass tort litigators is to secure compensation for all of the individual claimants for injuries which resulted from the negligent, fraudulent or otherwise illegal actions of a manufacturer, distributor or employer.
  • Mass Tort - Attorney, Lawsuit, Law Suit, Case, Claim, Settlement, Lawyer, Litigation 12 January 2010 10:010 UTC mass-tort.legalview.info [Source type: General]

^ Tort lawsuits function to hold negligent or malfeasant companies and individuals responsible for their actions and curb others'' intentions to commit similar wrongs.

.This includes an interest in freedom from emotional distress, privacy interests, and reputation.^ Risking Privacy In Emotional Distress Claims .
  • Torts 101 25 September 2009 5:36 UTC www.mesrianilaw.com [Source type: FILTERED WITH BAYES]
  • Understanding the Tort Law 20 September 2009 13:29 UTC www.mesrianilaw.com [Source type: FILTERED WITH BAYES]

.These are protected by a number of torts such as infliction, privacy torts, and defamation.^ The tort of defamation provides sufficient protection.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ These torts are consisted of battery, illegal assault, mistaken imprisonment, deliberate imposition of emotional pain, privacy invasion, character assassination or defamation, and fraud among others.
  • Understanding the Tort Law 20 September 2009 13:29 UTC www.mesrianilaw.com [Source type: FILTERED WITH BAYES]

^ The state privacy torts provide explicit baseline protections for privacy at the same time as they allow innovative new uses of information to occur.
  • The Privacy Torts: How U.S. State Law Quietly Leads the Way in Privacy Protection 25 September 2009 5:36 UTC www.privacilla.org [Source type: Original source]

.Defamation and privacy torts may, for example, allow a celebrity to sue a newspaper for publishing an untrue and harmful statement about him.^ Tort reform allows big businesses and other power players to get away with negligence, fraud, or other unscrupulous acts that harm the American people.

^ The state privacy torts provide explicit baseline protections for privacy at the same time as they allow innovative new uses of information to occur.
  • The Privacy Torts: How U.S. State Law Quietly Leads the Way in Privacy Protection 25 September 2009 5:36 UTC www.privacilla.org [Source type: Original source]

^ Someone who is the victim of a tort has a “cause of action.” This means that he or she may go to court, sue the person who caused the harm, and, if the suit is successful, collect damages.
  • The Privacy Torts: How U.S. State Law Quietly Leads the Way in Privacy Protection 25 September 2009 5:36 UTC www.privacilla.org [Source type: Original source]

.Other protected interests include freedom of movement, protected by the intentional tort of false imprisonment.^ Tort lawsuits function to hold negligent or malfeasant companies and individuals responsible for their actions and curb others'' intentions to commit similar wrongs.

^ False Light The false light privacy tort protects people against being cast in a false light in the public eye.
  • The Privacy Torts: How U.S. State Law Quietly Leads the Way in Privacy Protection 25 September 2009 5:36 UTC www.privacilla.org [Source type: Original source]

^ Tort reform is a series of efforts to reform civil tort laws, which protect victims who suffer serious harm as a result of the carelessness or intentional wrongdoings of another.
  • Why Tort Reform is bad For Americans - Online Lawyer Source 12 January 2010 10:010 UTC www.onlinelawyersource.com [Source type: FILTERED WITH BAYES]

.The equivalent of tort in civil law jurisdictions is delict.^ Courts of general jurisdiction typically handle civil disputes that are over certain monetary amounts. The exception is in states that have merged their limited and general jurisdiction courts together (e.g., California).  Tort Trials in State Courts .
  • Bureau of Justice Statistics (BJS) - Tort trials 12 January 2010 10:010 UTC bjs.ojp.usdoj.gov [Source type: Original source]

^ Tort The Law of Negligence If you are going to civil court you may want to understand the laws of negligence, so you do not make yourself the butt of the courtroom.
  • Tort - Associated Content - Topic - associatedcontent.com 25 September 2009 5:36 UTC www.associatedcontent.com [Source type: General]

^ Tort reform is a series of efforts to reform civil tort laws, which protect victims who suffer serious harm as a result of the carelessness or intentional wrongdoings of another.
  • Why Tort Reform is bad For Americans - Online Lawyer Source 12 January 2010 10:010 UTC www.onlinelawyersource.com [Source type: FILTERED WITH BAYES]

[2] .The law of torts can be categorised as part of the law of obligations, but unlike voluntarily assumed obligations (such as those of contract, or trust), the duties imposed by the law of torts apply to all those subject to the relevant jurisdiction.^ [FN15] Also like contract law, tort law produces legal obligations.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ This is typically done through tort and contract law.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ As a final point, the utilizing the beneficial provisions of the U.S. tort can be difficult for those personal injury victims who do not have much background of such law.
  • Understanding the Tort Law 20 September 2009 13:29 UTC www.mesrianilaw.com [Source type: FILTERED WITH BAYES]

.To behave in 'tortious' manner is to harm another's body, property, or other rights.^ A property right has as its defining characteristic that its owner may not be forcibly dispossessed merely because a third party finds that the property has another, more valuable use.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ Conversion is any distinct act of ownership or dominion exerted by one person over the personal property of another in denial of his right or inconsistent with it.
  • Tort liability considerations in Domestic Violence Cases. 12 January 2010 10:010 UTC www.peoples-law.org [Source type: Original source]

^ Any other expenditures of the person injured or whose property was injured or destroyed or of another person on behalf of the person injured or whose property was injured or destroyed that the court determines represent an actual loss experienced because of the personal or property injury or property loss.
  • Lawriter - ORC - Chapter 2744: POLITICAL SUBDIVISION TORT LIABILITY 12 January 2010 10:010 UTC codes.ohio.gov [Source type: Original source]

.One who commits a tortious act is called a tortfeasor.^ Intentional Torts – these wrongful acts are deemed to be done deliberately by the offender or the “tortfeasor” to the complainant who was trying to seek justice from their incurred injury or impairment.
  • Understanding the Tort Law 20 September 2009 13:29 UTC www.mesrianilaw.com [Source type: FILTERED WITH BAYES]

^ The Ogle plaintiff had sued two concurrent tortfeasors who caused his injury, and settled with one.
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

^ Information obtained through intrusion: If no one at the news media outlet commits the intrusion, then the media outlet is not responsible, even it if receives the information from the intrusive act.

[3] .Torts is one of the American Bar Association mandatory first year law school courses.^ Studies indicate that over the course of a year, approximately 20% of Americans suffer some type of accidental injury and most of these require a doctor's attention.
  • Tort Reform 12 January 2010 10:010 UTC www.newsbatch.com [Source type: FILTERED WITH BAYES]

^ Find Law - thousands of legal sites, cases, codes, forms, law reviews, law schools, bar associations, law firms, experts, CLE courses, and much more Found by: HotBot, Yahoo!
  • Tort Law 25 September 2009 5:36 UTC www.angelfire.com [Source type: Original source]

^ Address to the Annual Meeting of the Tort and Insurance Practice Section of the American Bar Association, April 15, 1994.
  • The Economic Benefits of Tort Reform 12 January 2010 10:010 UTC www.house.gov [Source type: FILTERED WITH BAYES]

[4]

Contents

Etymology

.The word Tort is derived from French word of the same spelling which means "mischief, injury, wrong, or calamity", from Latin tortus meaning twisted.^ In American law, a tort is a private or civil wrong or injury.
  • The Privacy Torts: How U.S. State Law Quietly Leads the Way in Privacy Protection 25 September 2009 5:36 UTC www.privacilla.org [Source type: Original source]

^ As the court noted, "it is a general principle of statutory construction that 'the same words used twice in the same act have the same meaning.'"
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

^ National statistics, meanwhile, suggest that “tort” filings — lawsuits that seek damages for alleged injuries or wrongs — are at a 10-year low.
  • Kentucky Law Review: Tort Deform/Reform 12 January 2010 10:010 UTC www.kentuckylawblog.com [Source type: FILTERED WITH BAYES]

[5]

Categories of torts

.Torts may be categorised in a number of ways: one such is to divide them into Negligence Torts, and Intentional Torts.^ Certain elements of tort damages may be the equivalent of elements taken into account in providing disability payments.
  • Federal Tort Claims Act: An Overview by Michael E. Quinton 12 January 2010 10:010 UTC www.quintonpetix.com [Source type: Original source]

^ Strict Liability – this one may apply to a number of product liability claim cases and to the violation of copyright law.
  • Understanding the Tort Law 20 September 2009 13:29 UTC www.mesrianilaw.com [Source type: FILTERED WITH BAYES]

^ This framework can be used to explain such tort doctrines as negligence per se and suggests circumstances in which there should be a corollary doctrine of non-negligence per se.
  • Mass Tort Litigation Blog: Preemption 12 January 2010 10:010 UTC lawprofessors.typepad.com [Source type: FILTERED WITH BAYES]

.The dominant action in tort is negligence.^ Tort lawsuits function to hold negligent or malfeasant companies and individuals responsible for their actions and curb others'' intentions to commit similar wrongs.

^ The duty of the United States in a tort action is defined in accordance with the law of the state where the negligence occurred.
  • Federal Tort Claims Act: An Overview by Michael E. Quinton 12 January 2010 10:010 UTC www.quintonpetix.com [Source type: Original source]

^ Maryland does not allow recovery for negligent infliction of emotional distress, however, recovery may be had in a tort action for emotional distress arising out of negligent conduct.
  • Tort liability considerations in Domestic Violence Cases. 12 January 2010 10:010 UTC www.peoples-law.org [Source type: Original source]

.The tort of negligence provides a cause of action leading to damages, or to injunctive relief, in each case designed to protect legal rights, including those of personal safety, property, and, in some cases, intangible economic interests.^ The tort of defamation provides sufficient protection.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ That does not provide a cause of action.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ A tort is any injury to a person caused by another.

.Negligence actions include claims arising primarily from automobile accidents and personal injury accidents of many kinds, including clinical negligence, workers negligence and so forth.^ It looks at the early law of the types of actions brought primarily to reclaim personal or real property alleged to have been wrongfully taken or detained, i.e., replevin, disseisin, and ejectment.
  • Remedies for Torts 25 September 2009 5:36 UTC www.beardbooks.com [Source type: Reference]

^ Firstly, the laws of negligence have been defined in statute, with a view to removing the capacity to claim personal injury damages for "obvious risk" or other forms of activity that might contain some risk but those engaging in the activities effectively assume those risks.
  • Beyond Structured Settlements: Tort Reform 12 January 2010 10:010 UTC s2kmblog.typepad.com [Source type: FILTERED WITH BAYES]

^ One presentation explored whether an automobile manufacturer's failure to include electronic stability control on a crashed vehicle could be the basis for a negligence claim.
  • RiskProf : Tort Reform 12 January 2010 10:010 UTC riskprof.typepad.com [Source type: FILTERED WITH BAYES]

.Product liability cases may also be considered negligence actions, but there is frequently a significant overlay of additional statutory content.^ What about product liability and class actions?
  • Tort Reform 12 January 2010 10:010 UTC www.newsbatch.com [Source type: FILTERED WITH BAYES]

^ We began by examining the static costs of litigation -- including annual damage awards, plaintiff attorneys' fees, defense costs, administrative costs and deadweight costs from torts such as product liability cases, medical malpractice litigation and class action lawsuits.
  • The Tort Tax - WSJ.com 12 January 2010 10:010 UTC online.wsj.com [Source type: News]

^ Illinois supreme court held that Tort Immunity Act extends to the parking lot, so there is no liability for negligent maintenance of parking lot.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

.Among intentional torts may be certain torts arising out of the occupation or use of land.^ The original settlement may either be thrown out and the entire matter relitigated, or the settlement may be kept and a new tort suit litigated.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ Thus, if X deliberately chops down fifty trees, honestly thinking that he owns them while in reality the trees and the land belong to Y, X will be liable in damages for the intentional tort of trespass.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ Maryland does not allow recovery for negligent infliction of emotional distress, however, recovery may be had in a tort action for emotional distress arising out of negligent conduct.
  • Tort liability considerations in Domestic Violence Cases. 12 January 2010 10:010 UTC www.peoples-law.org [Source type: Original source]

.One such is the tort of nuisance, which connotes strict liability for a neighbor who interferes with another's enjoyment of his real property.^ As a final point, the utilizing the beneficial provisions of the U.S. tort can be difficult for those personal injury victims who do not have much background of such law.
  • Understanding the Tort Law 20 September 2009 13:29 UTC www.mesrianilaw.com [Source type: FILTERED WITH BAYES]

^ It involves any legal wrong done by one person, corporation or partnership to another: negligence, for example, falls under tort statutes.
  • Tort Law 25 September 2009 5:36 UTC www.angelfire.com [Source type: Original source]

^ Vicarious liability does not mean one is a joint tortfeasor who remains liable despite the release of another tortfeasor.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

.Trespass allows owners to sue for incursions by a person (or his structure, for example an overhanging building) on their land.^ It allows a person to sue if highly sensitive information about him or her is publicly disclosed.
  • The Privacy Torts: How U.S. State Law Quietly Leads the Way in Privacy Protection 25 September 2009 5:36 UTC www.privacilla.org [Source type: Original source]

^ The textbook example distinguishing 'trespass' from 'case' imagines a person cutting down a tree which falls on X's land.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ For example, a person slips and falls inside the premises of a building because of poor maintenance by the owner.

.There is a tort of false imprisonment, and a tort of defamation, where someone makes an unsupportable allegation represented to be factual which damages the reputation of another.^ A tort involves one party alleging injury, damage, or loss stemming from the negligent or intentional acts of another party.
  • Bureau of Justice Statistics (BJS) - Tort trials 12 January 2010 10:010 UTC bjs.ojp.usdoj.gov [Source type: Original source]

^ To hold the violator answerable for this tort, his or her intent level should be proven substantial enough to make a certain damaging result.
  • Understanding the Tort Law 20 September 2009 13:29 UTC www.mesrianilaw.com [Source type: FILTERED WITH BAYES]

^ Someone who is the victim of a tort has a “cause of action.” This means that he or she may go to court, sue the person who caused the harm, and, if the suit is successful, collect damages.
  • The Privacy Torts: How U.S. State Law Quietly Leads the Way in Privacy Protection 25 September 2009 5:36 UTC www.privacilla.org [Source type: Original source]

.Workers' compensation laws were a legislative response to the common law torts doctrine placing limits on the extent to which employees could sue their employers in respect of injuries sustained during employment.^ If he can prove that the owner was remiss in his responsibility to keep his building safe, then he can file a civil action to recover a sum of money to compensate him for his injury.

^ As a final point, the utilizing the beneficial provisions of the U.S. tort can be difficult for those personal injury victims who do not have much background of such law.
  • Understanding the Tort Law 20 September 2009 13:29 UTC www.mesrianilaw.com [Source type: FILTERED WITH BAYES]

^ In other words, an employee who had collected workers' compensation benefits could then sue third parties for damages and recover without the third parties having the benefit of factoring the employer's proportion of fault into their allocation of damages, "even if the employer's negligence was a proximate cause of the employee's injury."
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

Negligence

A decomposed snail in Scotland was the humble beginning of the modern law of negligence
.Negligence is a tort which depends on the existence of a breach of duty of care owed by one person to another.^ A tort is any injury to a person caused by another.

^ Community Outreach Insurance Liability Claims, "Duty Owed", Proximate Damages: Key Elements of Tort When managing an insurance claim, if you feel your benefits are denied or mishandled, you may have tort action depending upon the following elements.
  • Tort - Associated Content - Topic - associatedcontent.com 25 September 2009 5:36 UTC www.associatedcontent.com [Source type: General]

^ More importantly, in Jackson the court ruled that the hospital, as a matter of law, had a non-delegable duty to provide non-negligent physician care in its emergency room.
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

One well-known case is Donoghue v. Stevenson[6] (1932) where Mrs. Donoghue consumed part of a drink containing a decomposed snail while in a public bar in Paisley, Scotland and claimed that it had made her ill. The snail had not been visible, as the bottle of ginger beer in which it was contained was opaque. Neither the friend who bought the bottle for her, nor the shopkeeper who sold it, were aware of the snail's presence. The manufacturer was Mr. Stevenson, whom Mrs. Donoghue sued for damages for negligence. She could not sue Mr. Stevenson for damages for breach of contract because there was no contract between them. The majority of the members of the House of Lords agreed (3-2) that Mrs. Donoghue had a valid claim, but disagreed as to why such a claim should exist. .Lord MacMillan thought this should be treated as a new product liability case.^ Or he would have rejected every case in which he thought the defendant should not be held responsible for her conduct because the defendant would say it was an honest mistake.
  • Tort Reform : Day On Torts 25 September 2009 5:36 UTC www.dayontorts.com [Source type: FILTERED WITH BAYES]

^ Overall, we found that foregone R&D due to excessive liability results in lost sales of new products every year of over $367 billion.
  • The Tort Tax - WSJ.com 12 January 2010 10:010 UTC online.wsj.com [Source type: News]

^ Quite often, product liability cases are brought as "class action" lawsuits involving multiple plaintiffs.
  • Tort Reform 12 January 2010 10:010 UTC www.newsbatch.com [Source type: FILTERED WITH BAYES]

.Lord Atkin argued that the law should recognise a unifying principle that we owe a duty of reasonable care to our neighbors.^ Pennsylvania high court held that a hospital that collected drug-test urine samples from employees of a company had a duty of reasonable care to the employees in the proper handling of the samples.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ While I agree that it is unlikely that the cost of malpractice insurance is a significant factor in health care cost, I do believe, as a matter of principle, that punitive damages should not be allowed in malpractice suits.
  • Tort Reform Unlikely to Cut Health Care Costs « The Washington Independent 12 January 2010 10:010 UTC washingtonindependent.com [Source type: FILTERED WITH BAYES]

^ Appeals court held that a child visiting the home of a friend was a social guest owed ordinary duty of care while in the home.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

He quoted the Bible in support of his argument, specifically the general principle that "thou shalt love thy neighbor." The elements of negligence are:

Statutory torts

.A statutory tort is like any other, in that it imposes duties on private or public parties, however they are created by the legislature, not the courts.^ It is not uncommon in mass torts for judges to use bellwether trials to provide the parties sufficient information about likely outcomes to enable settlement.

^ It did not deny Alaska tort victims their fair day in court, for they will still be paid for their injuries.
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

^ The public duty doctrine shields police officers from suit, but may not shield other government workers.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

.One example is in consumer protection, with the Product Liability Directive in the European Union, where businesses making defective products that harm people must pay for any damage resulting.^ Many states have also abolished or limited joint and several liability, which skews responsibility for damages toward the party with the greatest ability to pay, regardless of wrongdoing.
  • Sue City by John P. Avlon, City Journal 15 July 2009 12 January 2010 10:010 UTC www.city-journal.org [Source type: Academic]

^ One is that the privacy torts are too weak — that they do not protect consumers from enough of what happens with information today.
  • The Privacy Torts: How U.S. State Law Quietly Leads the Way in Privacy Protection 25 September 2009 5:36 UTC www.privacilla.org [Source type: Original source]

^ Tort law must locate dividing lines between cases where man is liable for harm suffered by others and those where he is not liable.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

.Liability for defective products is strict in most jurisdictions.^ For example, if a person is injured because of faulty brakes in a bicycle, the manufacturer can be held liable if the product was inherently defective to start with.

^ Extended liability for defective manufacture where the product is different from manufacturer's representation to liability for defective design where the product is exactly as represented by the manufacturer, but remains unduly dangerous.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ Illinois high court held that in a strict liability claim for design defect, the consumer-expectation test would apply from the perspective of the purchaser, not a child who may happen to grab the product.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

The theory of risk spreading provides support for this approach. .Since manufacturers are the 'cheapest cost avoiders', because they have a greater chance to seek out problems, it makes sense to give them the incentive to guard against product defects.^ The problem is the insurance companies- both how they have manipulated the costs of health-care, and the costs of a physicians professional liability.
  • Trial lawyers plan tort reform fight - Carrie Budoff Brown - POLITICO.com 12 January 2010 10:010 UTC www.politico.com [Source type: FILTERED WITH BAYES]

^ They conclude that there would be more innovation if tort liability for dangerous products and practices were even greater.
  • The frivolous case for tort law change: Opponents of the legal system exaggerate its costs, ignore i 12 January 2010 10:010 UTC www.epi.org [Source type: FILTERED WITH BAYES]

^ Twelve summers have passed since her daughter's life was forever altered by a product that a jury decided the manufacturer had sold knowing that it had maimed other children.
  • Tort Reform : Day On Torts 25 September 2009 5:36 UTC www.dayontorts.com [Source type: FILTERED WITH BAYES]

.One early case was Cooke v Midland Great Western Railway of Ireland,[7] where Lord MacNaughton felt that children who were hurt whilst looking for berries on a building site, should have some compensation for their unfortunate curiosity.^ White & Case of New York has one or more partners who charge $1260 per hour (that's over $20 per minute).
  • Tort Reform : Day On Torts 25 September 2009 5:36 UTC www.dayontorts.com [Source type: FILTERED WITH BAYES]

^ But what about the interests of actual patients, who know better than anyone what good health care should look like?
  • Anthony Tarricone: Tort Reform: A Bad Bargain That Won't Fix Health Care 12 January 2010 10:010 UTC www.huffingtonpost.com [Source type: General]

^ Appeals court affirmed dismissal of a wrongful death suit brought by survivors of a woman who died in rip tides trying to save one of her children.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

.Statutory torts also spread across workplace health and safety laws and health and safety in food produce.^ The lessons here are especially timely, because the pro-growth tort reform trend that was once spreading across the country may soon reverse course.
  • Mississippi's Tort Reform Triumph - WSJ.com 12 January 2010 10:010 UTC online.wsj.com [Source type: News]

^ Tort law changes will not fix America’s broken health care system, but only hurt families fighting to find justice .

^ A law school professor does not believe that tort reform will reduce health care costs.
  • Tort Reform Unlikely to Cut Health Care Costs « The Washington Independent 12 January 2010 10:010 UTC washingtonindependent.com [Source type: FILTERED WITH BAYES]

Nuisance

.Legally, the term “nuisance” is traditionally used in three ways: (1) to describe an activity or condition that is harmful or annoying to others (e.g., indecent conduct, a rubbish heap or a smoking chimney); (2) to describe the harm caused by the before-mentioned activity or condition (e.g., loud noises or objectionable odors); and (3) to describe a legal liability that arises from the combination of the two.^ The term "pain and suffering" is loosely used to refer to all non-economic damages, such as stress, emotional pain, and other psychic damages.
  • The Economic Benefits of Tort Reform 12 January 2010 10:010 UTC www.house.gov [Source type: FILTERED WITH BAYES]

^ According to the author, "[c]lassical reformers stressed that it was normatively unfair to hold a single defendant fully liable when that defendant was only remotely involved in causing the harm."
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

^ Before 1986, the Alaska Supreme Court had indicated that it would be "receptive to both proportionate fault and proportionate contribution," two important elements in a several liability system.
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

.The law of nuisance was created to stop such bothersome activities or conduct when they unreasonably interfered either with the rights of other private landowners (i.e., private nuisance) or with the rights of the general public (i.e., public nuisance).^ The thousands of people who attended my public forums were not angry mobs; they were concerned citizens exercising their constitutional rights.
  • Trial bar v. tort reform - Rep. Lamar Smith - POLITICO.com 12 January 2010 10:010 UTC www.politico.com [Source type: FILTERED WITH BAYES]

^ Allocatively, such a tax might cause plaintiffs to engage in different activities than if they could recover damages by direct actions.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ No court considers either 12b6 or summary judgment motions to violate the 7th Amendment or any other right to a jury.
  • The Volokh Conspiracy - Tort Liability: 12 January 2010 10:010 UTC volokh.com [Source type: Original source]

[8]
.The tort of nuisance allows a claimant (formerly plaintiff) to sue for most acts that interfere with their use and enjoyment of their land.^ Like most tort reform legislation, the 1997 Tort Reform Act did [*pg 64] not address significant elements of Alaska tort law and it will not have a lasting impact on Alaska tort victims.
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

^ The state privacy torts provide explicit baseline protections for privacy at the same time as they allow innovative new uses of information to occur.
  • The Privacy Torts: How U.S. State Law Quietly Leads the Way in Privacy Protection 25 September 2009 5:36 UTC www.privacilla.org [Source type: Original source]

^ [FN93] Holding two people liable for damage when, at most, one of them has acted wrongfully, is incompatible with the moral character of tort law.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

.A good example of this is in the case of Jones v Powell (1629).^ David Schwartz ( mail ): DMN: Your example is good to show what's wrong, but I think mine is closer to the instant case.
  • The Volokh Conspiracy - Tort Liability: 12 January 2010 10:010 UTC volokh.com [Source type: Original source]

^ For example, if I do ever want to give depositions in cases again, it’s not going to be very good to have a paper trail of opinions about malpractice splashed over the internet.
  • Tort Reform : Day On Torts 25 September 2009 5:36 UTC www.dayontorts.com [Source type: FILTERED WITH BAYES]

[9] A brewery made stinking vapors which wafted onto neighbors' property, damaging his papers. As he was a landowner, the neighbor sued in nuisance for this damage. But Whitelocke J, speaking for the Court of the King's Bench, said that because the water supply was contaminated, it was better that the neighbor's documents were risked. .He said "it is better that they should be spoiled than that the common wealth stand in need of good liquor."^ But what about the interests of actual patients, who know better than anyone what good health care should look like?
  • Anthony Tarricone: Tort Reform: A Bad Bargain That Won't Fix Health Care 12 January 2010 10:010 UTC www.huffingtonpost.com [Source type: General]

^ Since they don’t bargain in good faith, Democrats should cut them loose and do what WE want.
  • Think Progress » Giuliani: Without tort reform, health care can only save money by ‘pulling the plug on grandma.’ 12 January 2010 10:010 UTC thinkprogress.org [Source type: General]

^ Policymakers at all levels of government, and in governments throughout the world, should be better aware of this privacy protection in the United States, and they should consider it carefully.
  • The Privacy Torts: How U.S. State Law Quietly Leads the Way in Privacy Protection 25 September 2009 5:36 UTC www.privacilla.org [Source type: Original source]

Nowadays, interfering with neighbors' property is not looked upon so kindly. Nuisance deals with all kinds of things that spoil a landowner's enjoyment of his property.
A subset of nuisance is known as the rule in Rylands v. Fletcher[10] where a dam burst into a coal mine shaft. .So a dangerous escape of some hazard, including water, fire, or animals means strict liability in nuisance.^ Won de minimis settlement of eight figure liability for warehousing of hazardous chemicals destroyed by fire allegedly caused by improperly compounded batch rubber.
  • Baker Hostetler | Practice Strengths | Litigation | Product Liability and Toxic Tort 12 January 2010 10:010 UTC www.bakerlaw.com [Source type: FILTERED WITH BAYES]

^ Nevada Incorporation Respondeat Superior: Its Meaning & How it Impacts Your Liability If you've been sued for liability in some legal matter, you may see the term "Respondeat Superior".
  • Tort - Associated Content - Topic - associatedcontent.com 25 September 2009 5:36 UTC www.associatedcontent.com [Source type: General]

^ Some writers feel that American common law initially instituted strict liability as the rule for accidental torts, and only relatively recently reverted to negligence.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

This is subject only to a remoteness cap, familiar from negligence when the event is unusual and unpredictable. This was the case where chemicals from a factory seeped through a floor into the water table, contaminating East Anglia's reservoirs.[11]
Free market environmentalists would like to expand tort damage claims into pollution (i.e. toxic torts) and environmental protection.[12]

Defamation

The "McLibel" Two were involved in the second-longest case in UK history for publishing an article criticizing McDonald's restaurants
.Defamation is tarnishing the reputation of someone; it is in two parts, slander and libel.^ D. Slander of Title, Trade Libel/Disparagement, Injurious Falsehood Corporations and other businesses can and do recover for libel or slander when they have been defamed by charges such as crime or fraud.
  • Kentucky Tort Report: Tort Report 12 January 2010 10:010 UTC kentuckylaw.typepad.com [Source type: FILTERED WITH BAYES]

.Slander is spoken defamation and libel is printed and broadcast defamation, both share the same features.^ D. Slander of Title, Trade Libel/Disparagement, Injurious Falsehood Corporations and other businesses can and do recover for libel or slander when they have been defamed by charges such as crime or fraud.
  • Kentucky Tort Report: Tort Report 12 January 2010 10:010 UTC kentuckylaw.typepad.com [Source type: FILTERED WITH BAYES]

^ Conner's slander per se claim was properly dismissed as it is based on the same allegations of the defamation claim, which was dismissed and not appealed.
  • Kentucky Tort Report: Tort Report 12 January 2010 10:010 UTC kentuckylaw.typepad.com [Source type: FILTERED WITH BAYES]

.Defaming someone entails making a factual assertion for which evidence does not exist.^ Yet the Report makes no real attempt to substantiate these claims, and the available evidence indicates that each of these assertions is false.
  • The frivolous case for tort law change: Opponents of the legal system exaggerate its costs, ignore i 12 January 2010 10:010 UTC www.epi.org [Source type: FILTERED WITH BAYES]

.Defamation does not affect or hinder the voicing of opinions, but does occupy the same fields as rights to free speech in the United States Constitution's First Amendment, or the European Convention's Article 10. Related to defamation in the U.S. are the actions for misappropriation of publicity, invasion of privacy, and disclosure.^ But they are explicit privacy-protecting law that exists in most of the United States.
  • The Privacy Torts: How U.S. State Law Quietly Leads the Way in Privacy Protection 25 September 2009 5:36 UTC www.privacilla.org [Source type: Original source]

^ The duty of the United States in a tort action is defined in accordance with the law of the state where the negligence occurred.
  • Federal Tort Claims Act: An Overview by Michael E. Quinton 12 January 2010 10:010 UTC www.quintonpetix.com [Source type: Original source]

^ Arguments against the privacy torts based on the First Amendment are really arguments for placing privacy ahead of the First Amendment and freedom of speech.
  • The Privacy Torts: How U.S. State Law Quietly Leads the Way in Privacy Protection 25 September 2009 5:36 UTC www.privacilla.org [Source type: Original source]

.Abuse of process and malicious prosecution are often classified as dignitary torts as well.^ ALEXANDER V. BOTELER TORTS: MALICIOUS PROSECUTION CLAIM; DIRECTED VERDICT 2006-CA-001725 NOT PUBLISHED: AFFIRMING DATE RENDERED: 09/21/2007 .
  • Kentucky Tort Report: Tort Report 12 January 2010 10:010 UTC kentuckylaw.typepad.com [Source type: FILTERED WITH BAYES]

Intentional torts

.Intentional torts are any intentional acts that are reasonably foreseeable to cause harm to an individual, and that do so.^ Tort lawsuits function to hold negligent or malfeasant companies and individuals responsible for their actions and curb others'' intentions to commit similar wrongs.

^ Tort reform allows big businesses and other power players to get away with negligence, fraud, or other unscrupulous acts that harm the American people.

^ Someone who is the victim of a tort has a “cause of action.” This means that he or she may go to court, sue the person who caused the harm, and, if the suit is successful, collect damages.
  • The Privacy Torts: How U.S. State Law Quietly Leads the Way in Privacy Protection 25 September 2009 5:36 UTC www.privacilla.org [Source type: Original source]

.Intentional torts have several subcategories, including tort(s) against the person, including assault, battery, false imprisonment, intentional infliction of emotional distress, and fraud.^ Trespass to the person; assault and battery.
  • Remedies for Torts 25 September 2009 5:36 UTC www.beardbooks.com [Source type: Reference]

^ Appeals court allowed suit for intentional infliction of emotional distress to go forward against Howard Stern and other parties.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ [FN48] This is the rubric of intentional torts, of which trespass, assault, and battery are the most well-known.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

.Property torts involve any intentional interference with the property rights of the claimant.^ If the court had allowed this sort of a defense against an intentional kick, it would in essence have denied plaintiff's property right in his leg, substituting for it a consequentialist liability rule.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ In general, mass tort cases involve a large number of individual claimants with claims associated with a single product .
  • Mass Tort - Attorney, Lawsuit, Law Suit, Case, Claim, Settlement, Lawyer, Litigation 12 January 2010 10:010 UTC mass-tort.legalview.info [Source type: General]

^ Discretionary Function Exception Among the exceptions to the FTCA most frequently applied are the "discretionary function" exception, 28 U.S.C. § 2680(a), and the exceptions for several specific kinds of torts, including intentional torts such as libel, slander, misrepresentation, deceit, and interference with contract rights.
  • Federal Tort Claims Act: An Overview by Michael E. Quinton 12 January 2010 10:010 UTC www.quintonpetix.com [Source type: Original source]

Those commonly recognized include trespass to land, trespass to chattels, and conversion.

Economic torts

Strikers gathering in Tyldesley in the 1926 General Strike in the U.K.
.Economic torts protect people from interference with their trade or business.^ False Light The false light privacy tort protects people against being cast in a false light in the public eye.
  • The Privacy Torts: How U.S. State Law Quietly Leads the Way in Privacy Protection 25 September 2009 5:36 UTC www.privacilla.org [Source type: Original source]

^ This is an example of something I've remarked on before: how tort law sometimes unduly interferes with people's liberties.
  • The Volokh Conspiracy - Tort Liability: 12 January 2010 10:010 UTC volokh.com [Source type: Original source]

^ Indeed, highly regulatory attempts to protect privacy by banning information-sharing interfere with speech even more than the privacy torts.
  • The Privacy Torts: How U.S. State Law Quietly Leads the Way in Privacy Protection 25 September 2009 5:36 UTC www.privacilla.org [Source type: Original source]

.The area includes the doctrine of restraint of trade and has largely been submerged in the twentieth century by statutory interventions on collective labour law and modern antitrust or competition law.^ Areas of emphasis include environmental and toxic tort , admiralty and maritime, labor and employment law , workers' compensation and insurance regulatory matters.
  • Tort Law 25 September 2009 5:36 UTC www.angelfire.com [Source type: Original source]

.The "absence of any unifying principle drawing together the different heads of economic tort liability has often been remarked upon."^ Posted on January 26, 2007 by John Day The Economic Policy Institute has a different take on the impact of "tort reform" on the economy.
  • Tort Reform : Day On Torts 25 September 2009 5:36 UTC www.dayontorts.com [Source type: FILTERED WITH BAYES]

^ Yet the legal system's critics continue to argue that there is a tort liability "crisis" that warrants changing the tort system, and that change is a key element in bolstering economic growth in the future.
  • The frivolous case for tort law change: Opponents of the legal system exaggerate its costs, ignore i 12 January 2010 10:010 UTC www.epi.org [Source type: FILTERED WITH BAYES]

^ Both tort liability and absence of liability are independent of meaningful consent.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

[13]
.Two cases demonstrated economic tort's affinity to competition and labor law.^ The early common law of contracts was acutely sensitive to the resemblance of tort and contract as means of allocating risks, and to the moral and economic preferability of the latter when available.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ Should tort law in such cases be displaced or preempted?
  • Mass Tort Litigation Blog: Preemption 12 January 2010 10:010 UTC lawprofessors.typepad.com [Source type: FILTERED WITH BAYES]

^ Avilla attorney, offering services for injury and employment tort cases, business formation, and family law .
  • Tort Law 25 September 2009 5:36 UTC www.angelfire.com [Source type: Original source]

In Mogul Steamship Co. .Ltd.[14] the plaintiff argued he had been driven from the Chinese tea market by competitors at a 'shipping conference' that had acted together to under price his company.^ Narcotics Agents , 403 U. S. 388, may not be extended to confer a right of action for damages against private entities acting under color of federal law.
  • Search the Opinions of the US Supreme Court 25 September 2009 5:36 UTC supct.law.cornell.edu [Source type: Reference]

But this cartel was ruled lawful and "nothing more [than] a war of competition waged in the interest of their own trade."[15] Nowadays, this would be considered a criminal cartel. In labor law the most notable case is Taff Vale Railway v. Amalgamated Society of Railway Servants.[16] .The House of Lords thought that unions should be liable in tort for helping workers to go on strike for better pay and conditions.^ The relatively low level of successful litigation under the privacy torts should give comfort to businesspeople that are especially sensitive to the threat of legal liability.
  • The Privacy Torts: How U.S. State Law Quietly Leads the Way in Privacy Protection 25 September 2009 5:36 UTC www.privacilla.org [Source type: Original source]

^ It would seem incongruous, at first glance, if the United States should have to pay in tort for hospital expenses it had already paid, for example.
  • Federal Tort Claims Act: An Overview by Michael E. Quinton 12 January 2010 10:010 UTC www.quintonpetix.com [Source type: Original source]

^ One should not, obviously, be held liable for leaving a spousal abuser simply because it is predictable that he will go ballistic and harm folks.
  • The Volokh Conspiracy - Tort Liability: 12 January 2010 10:010 UTC volokh.com [Source type: Original source]

.But it riled workers so much that it led to the creation of the British Labour Party and the Trade Disputes Act 1906 Further torts used against unions include conspiracy,[17] interference with a commercial contract[18] or intimidation.^ It is not uncommon in mass torts for judges to use bellwether trials to provide the parties sufficient information about likely outcomes to enable settlement.

^ Tort claims were filed in Kansas state court against the distributors of fertilizer used in the bombing of the federal building in Oklahoma City.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ The 1997 Tort Reform Act modified Benner and Alaska Statutes section 09.17.080(a), and in so doing shifted the burden.
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

[19]
.Through a recent development in common law, beginning with Hedley Byrne v Heller[20] in 1964 a victim of the tort of negligent misstatement may recover damages for pure economic loss caused by detrimental reliance on the statement.^ The loss will first fall on the victim, tort law shifts it to the negligent party as it should.
  • Trial bar v. tort reform - Rep. Lamar Smith - POLITICO.com 12 January 2010 10:010 UTC www.politico.com [Source type: FILTERED WITH BAYES]

^ Tort Law in Action "The formal law of tort s specifies that someone injured in an automobile accident may recover from a driver if he can show, by the preponderance of evidence, that the driver violated his duty to conduct the vehicle in the manner of an Found by: FAST Search http://barratry.
  • Tort Law 25 September 2009 5:36 UTC www.angelfire.com [Source type: Original source]

^ The originators of the current tort regime may have thought they were advancing justice by socializing risk, but that impulse is at odds with the self-reliant spirit of a commercial republic.
  • Tort Turns Toxic by Steven Malanga, City Journal Autumn 2002 12 January 2010 10:010 UTC www.city-journal.org [Source type: FILTERED WITH BAYES]

Misrepresentation is a tort as confirmed by Bridge LJ in Howard Marine and Dredging Co. Ltd. v A Ogden & Sons[21].

Competition law

.Modern competition law is an important method for regulating the conduct of businesses in a market economy.^ In a relatively competitive economy, however, individual influence on market price is slim to non- existent.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ The Cato Review of Business & Government Do Not Federalize Tort Law A Friendly Response to Senator Abraham William A. Niskanen William A. Niskanen is chairman of the Cato Institute and editor of Regulation.
  • Tort Law 25 September 2009 5:36 UTC www.angelfire.com [Source type: Original source]

.A major subset of statutory torts, it is also called 'anti-trust' law, especially in the United States, articles 101 and 102 of the Treaty on the Functioning of the European Union, as well as the Clayton and Sherman Acts in the U.S., which create duties for undertakings, corporations and businesses not to distort competition in the marketplace.^ The duty of the United States in a tort action is defined in accordance with the law of the state where the negligence occurred.
  • Federal Tort Claims Act: An Overview by Michael E. Quinton 12 January 2010 10:010 UTC www.quintonpetix.com [Source type: Original source]

^ I don't pretend to understand it all, but suffice it to state that good business practice and state law require companies to maintain a level of surplus appropriate to the business of and size of the company.
  • Tort Reform : Day On Torts 25 September 2009 5:36 UTC www.dayontorts.com [Source type: FILTERED WITH BAYES]

^ If the employee was acting within the scope of his employment, upon proper certification, the United States is to be substituted as defendant.
  • Federal Tort Claims Act: An Overview by Michael E. Quinton 12 January 2010 10:010 UTC www.quintonpetix.com [Source type: Original source]

Cartels are forbidden on both sides of the Atlantic. So is the abuse of market power by monopolists, or the substantial lessening of competition through a merger, acquisition, or concentration of enterprises. .A huge issue in the EU is whether to follow the U.S. approach of private damages actions to prevent anti-competitive conduct.^ Narcotics Agents , 403 U. S. 388, may not be extended to confer a right of action for damages against private entities acting under color of federal law.
  • Search the Opinions of the US Supreme Court 25 September 2009 5:36 UTC supct.law.cornell.edu [Source type: Reference]

^ Cases like the latter reject preventive action only because the fear of future damage is speculative.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ The court never reached the issue of whether the punitive damages award would have had to be [*pg 101] remitted because of the Tort Reform Act.
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

[22]

Liability, defenses, and remedies

Vicarious liability

.The word 'vicarious' derives from the Latin for 'change' or 'alternation' or 'stead'[23] and in tort law refers to the idea of one person being liable for the harm caused by another, because of some legally relevant relationship.^ A tort can be described as a class of circumstances in which one person is liable for damage caused to another.
  • Tort Law 25 September 2009 5:36 UTC www.angelfire.com [Source type: Original source]

^ Similarly, the joint and several liability reforms and the new statute of repose make, at best, cosmetic changes to Alaska tort law that will have little effect on the average Alaska tort victim.
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

^ Small Business Personal InjuryMedical MalpracticeProduct LiabilityMedical DevicesConsumer Protection Legal Dictionary Legal Found by: AOL NetFind, FAST Search, Infoseek, LookSmart http://find law .com/01topics/22 tort / .
  • Tort Law 25 September 2009 5:36 UTC www.angelfire.com [Source type: Original source]

An example might be a parent and a child, or an employer and an employee. .You can sue an employer for the damage to you by their employee, which was caused 'in the course of employment.'^ P. B5 Fear of AIDS has caused many people to sue for emotional distress damages after having been..
  • Tort Law 25 September 2009 5:36 UTC www.angelfire.com [Source type: Original source]

^ Someone who is the victim of a tort has a “cause of action.” This means that he or she may go to court, sue the person who caused the harm, and, if the suit is successful, collect damages.
  • The Privacy Torts: How U.S. State Law Quietly Leads the Way in Privacy Protection 25 September 2009 5:36 UTC www.privacilla.org [Source type: Original source]

^ In other words, an employee who had collected workers' compensation benefits could then sue third parties for damages and recover without the third parties having the benefit of factoring the employer's proportion of fault into their allocation of damages, "even if the employer's negligence was a proximate cause of the employee's injury."
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

.For example, if a shop employee spilled cleaning liquid on the supermarket floor, one could sue the employee who actually spilled the liquid, or sue the employers.^ No one who understands the legal system in Tennessee could make this statement with a straight-face.
  • Tort Reform : Day On Torts 25 September 2009 5:36 UTC www.dayontorts.com [Source type: FILTERED WITH BAYES]

^ New Jersey high court held that one business could sue another for commercial defamation based on negative statements made to customers that were negligent.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ And isn’t this what the current debate should be all about – what the government could actually do with those funds - who they could and would adequately insure and how many?
  • Tort Reform Unlikely to Cut Health Care Costs « The Washington Independent 12 January 2010 10:010 UTC washingtonindependent.com [Source type: FILTERED WITH BAYES]

.In the aforementioned case, the latter option is more practical as they are more likely to have more money.^ They conclude that there would be more innovation if tort liability for dangerous products and practices were even greater.
  • The frivolous case for tort law change: Opponents of the legal system exaggerate its costs, ignore i 12 January 2010 10:010 UTC www.epi.org [Source type: FILTERED WITH BAYES]

^ In one such dubious case, the firm had to pony up $84 million—more money than the company had cumulatively made in its history.
  • Tort Turns Toxic by Steven Malanga, City Journal Autumn 2002 12 January 2010 10:010 UTC www.city-journal.org [Source type: FILTERED WITH BAYES]

^ Cases like the latter reject preventive action only because the fear of future damage is speculative.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

.The law replies "since your employee harmed the claimant in the course of his employment, you bear responsibility for it, because you have the control to hire and fire him, and reduce the risk of it happening again."^ You can do X, since it's not prohibited by law, but if you do X and it results in harm to somebody, it's your nickel.
  • The Volokh Conspiracy - Tort Liability: 12 January 2010 10:010 UTC volokh.com [Source type: Original source]

^ No, you didn't - because it didn't happen.
  • Tort Reform : Day On Torts 25 September 2009 5:36 UTC www.dayontorts.com [Source type: FILTERED WITH BAYES]

^ Appeals court affirmed that a bicycle rider injured because of the negligence of another rider, which caused him to crash, had no suit under the assumption of risk doctrine.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

.There is considerable academic debate about whether vicarious liability is justified on no better basis than the search for a solvent defendant, or whether it is well founded on the theory of efficient risk allocation.^ There is no tort liability crisis.
  • The frivolous case for tort law change: Opponents of the legal system exaggerate its costs, ignore i 12 January 2010 10:010 UTC www.epi.org [Source type: FILTERED WITH BAYES]

^ In the circumstances, it is considered better to protect the public fisc than to subject the government to liability for representations allegedly made by employees, but not amounting to contracts on behalf of the government.
  • Federal Tort Claims Act: An Overview by Michael E. Quinton 12 January 2010 10:010 UTC www.quintonpetix.com [Source type: Original source]

^ The effect of joint and several liability is to shift to solvent co- defendants the risk of other co-defendants' insolvency.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

Defenses

.A successful defense absolves the defendant from full or partial liability for damages.^ [FN67] If the defendant wished to invoke his lack of negligence as a defense, his written defense would simply deny that the damaging act ever happened!
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ The Council analyzed the verdicts "in terms of case type, parties to the case, plaintiff and defendant verdicts, liability/outcomes, allocation of fault, damages, costs and fees, offers of judgment, appeals, and length of case."
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

^ The defendants were generally more successful in premises liability and medical malpractice cases, while the plaintiffs had greater success in automobile and employment cases.
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

.Apart from proof that there was no breach of duty, there are three principal defences to tortious liability.^ There is no tort liability crisis.
  • The frivolous case for tort law change: Opponents of the legal system exaggerate its costs, ignore i 12 January 2010 10:010 UTC www.epi.org [Source type: FILTERED WITH BAYES]

^ How smoking, Nope no corporation liability there I guess too, right?
  • Think Progress » Giuliani: Without tort reform, health care can only save money by ‘pulling the plug on grandma.’ 12 January 2010 10:010 UTC thinkprogress.org [Source type: General]

^ Illinois supreme court held that Tort Immunity Act extends to the parking lot, so there is no liability for negligent maintenance of parking lot.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

Consent

.Typically, one cannot hold another liable in tort for actions to which one has consented.^ As Kranz notes in his discussion of tort reform efforts in Florida, "[t]hese bills typically reduce or eliminate liability in a particular circumstances that has been the subject of a particular court decision."
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

^ [FN93] Holding two people liable for damage when, at most, one of them has acted wrongfully, is incompatible with the moral character of tort law.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ The only excuse to make another one is to customize it for (1) undergraduate students (2) studying law as a liberal art (3) in Indiana (4) for my course, Crimes & Torts .
  • Links for "Crimes & Torts" 12 January 2010 10:010 UTC www.earlham.edu [Source type: Original source]

.This is frequently summarized by the phrase "volenti non fit injuria" (Latin: "to a willing person, no injury is done" or "no injury is done to a person who consents").^ A driver stopped to help an injured person who did not have life-threatening injuries.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ Mississippi high court held that a person who claimed a prescription drug caused injury by causing him to become addicted to it could sue no one because of his wrongful conduct in obtaining the drug.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ Commensurately, the victim of a non- negligent or insolvent tortfeasor does not consent to not being compensated for her injury.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

.It operates when the claimant either expressly or implicitly consents to the risk of loss or damage.^ Such consent would be part of a contract reallocating the risk of damage to the leg.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

.For example, if a spectator at an ice hockey match is injured when a player strikes the puck in the ordinary course of play, causing it to fly out of the rink and hit him or her, this is a foreseeable event and spectators are assumed to accept that risk of injury when buying a ticket.^ They remain free to do as they like, so long as they're willing to accept the risk that they cause damage.
  • The Volokh Conspiracy - Tort Liability: 12 January 2010 10:010 UTC volokh.com [Source type: Original source]

^ Arkansas high court threw out the accepted-work doctrine which held that once a contractor finished a job and turned it over to the purchaser, the contractor could not be held liable for defective work that caused injury to third parties.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ Since there was no intent or reckless behavior, being hit was a risk one assumed by playing the game and the other golfer had not violated a duty of care to the golfer he injured.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

.A slightly more limited defense may arise where the defendant has been given a warning, whether expressly to the claimant or by a public notice, sign or otherwise, that there is a danger of injury.^ Williams which held that an ALJ may not refuse to grant future medical benefits even if there is no permanent impairment, where a work related injury has been proven.
  • Kentucky Tort Report: Tort Report 12 January 2010 10:010 UTC kentuckylaw.typepad.com [Source type: FILTERED WITH BAYES]

^ There was a warning sign on the pool, but it was judged too small, presumably because the trespasser didn't see it when he dived, apparently, from the roof of a garage.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ They conclude that there would be more innovation if tort liability for dangerous products and practices were even greater.
  • The frivolous case for tort law change: Opponents of the legal system exaggerate its costs, ignore i 12 January 2010 10:010 UTC www.epi.org [Source type: FILTERED WITH BAYES]

The extent to which defendants can rely on notices to exclude or limit liability varies from country to country. .This is an issue of policy as to whether (prospective) defendants should not only warn of a known danger, but also take active steps to fence the site and take other reasonable precautions to prevent the known danger from befalling those foreseen to be at risk.^ Although problems with benzene have been known for years, workers in many industries have been exposed to hazardous solvents and chemicals without being warned about the dangers.
  • Toxic Tort Lawsuit News and Information - AboutLawsuits.com 12 January 2010 10:010 UTC www.aboutlawsuits.com [Source type: News]

^ One of the major arguments made by advocates for tort law change is that rising tort costs have supposedly reduced the willingness of companies to develop new products and to take other reasonable business risks.
  • The frivolous case for tort law change: Opponents of the legal system exaggerate its costs, ignore i 12 January 2010 10:010 UTC www.epi.org [Source type: FILTERED WITH BAYES]

^ Mello and others favor an alternative compensation system that takes the issue away from courts and juries and gives it instead to a panel of independent experts to judge whether malpractice occurred and what compensation should be provided.
  • Tort Reform Unlikely to Cut Health Care Costs « The Washington Independent 12 January 2010 10:010 UTC washingtonindependent.com [Source type: FILTERED WITH BAYES]

Contributory negligence

.This is either a mitigatory defense or, in the United States, it may be an absolute defense.^ Instead, [*pg 92] the beliefs that punitive damages awards are "common, unduly large, and capricious," either in Alaska or in the United States as a whole, are simply wrong.
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

^ Results: We have won numerous cases with this defense and written amicus briefs in the Texas Supreme Court and the United States Supreme Court on this issue.
  • Baker Hostetler | Practice Strengths | Litigation | Product Liability and Toxic Tort 12 January 2010 10:010 UTC www.bakerlaw.com [Source type: FILTERED WITH BAYES]

When used as a mitigatory defense, it is often known in the U.S. as comparative negligence. .Under comparative negligence a plaintiff/claimant's award is reduced by the percentage of contribution made by the plaintiff to the loss or damage suffered.^ In other words, to make sure victims receive the full amount of their economic damage awards, courts in effect add on pain and suffering damages as the lawyers' compensation.
  • The Economic Benefits of Tort Reform 12 January 2010 10:010 UTC www.house.gov [Source type: FILTERED WITH BAYES]

^ Only when such an offer is made does Moore-Gephardt make the recovery of pain and suffering damages more difficult to obtain.
  • The Economic Benefits of Tort Reform 12 January 2010 10:010 UTC www.house.gov [Source type: FILTERED WITH BAYES]

^ The court held for plaintiff, "felony must be done animo felonico: yet in trespass which tends only to give damages according to hurt or loss, it is not so...."
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

.Thus, in evaluating a collision between two vehicles, the court must not only make a finding that both drivers were negligent, but it must also apportion the contribution made by each driver as a percentage, e.g.^ Only when such an offer is made does Moore-Gephardt make the recovery of pain and suffering damages more difficult to obtain.
  • The Economic Benefits of Tort Reform 12 January 2010 10:010 UTC www.house.gov [Source type: FILTERED WITH BAYES]

^ Tort The Law of Negligence If you are going to civil court you may want to understand the laws of negligence, so you do not make yourself the butt of the courtroom.
  • Tort - Associated Content - Topic - associatedcontent.com 25 September 2009 5:36 UTC www.associatedcontent.com [Source type: General]

^ As discussed above, however, a number of factors contribute to making the percentage savings for low-income drivers much higher than other drivers (45 percent versus 28.6 percent to be exact).
  • The Economic Benefits of Tort Reform 12 January 2010 10:010 UTC www.house.gov [Source type: FILTERED WITH BAYES]

that the blame between the drivers is 20% attributable to the plaintiff/claimant: 80% to the defendant. .The court will then quantify the damages for the actual loss or damage sustained, and then reduce the amount paid to the plaintiff/claimant by 20%.^ In other words, to make sure victims receive the full amount of their economic damage awards, courts in effect add on pain and suffering damages as the lawyers' compensation.
  • The Economic Benefits of Tort Reform 12 January 2010 10:010 UTC www.house.gov [Source type: FILTERED WITH BAYES]

^ The trial court also awarded Brooks her costs and attorney fees “in such amount as the Court shall determine upon application by Plaintiff.” .
  • Kentucky Tort Report: Tort Report 12 January 2010 10:010 UTC kentuckylaw.typepad.com [Source type: FILTERED WITH BAYES]

^ The court held for plaintiff, "felony must be done animo felonico: yet in trespass which tends only to give damages according to hurt or loss, it is not so...."
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

.While contributory negligence retains a significant role, an increasing number of jurisdictions, particularly within the United States, are evolving toward a regime of comparative negligence.^ State, 540 P.2d 1037 (Alaska 1975) (establishing comparative negligence in Alaska).
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

^ If the employee was acting within the scope of his employment, upon proper certification, the United States is to be substituted as defendant.
  • Federal Tort Claims Act: An Overview by Michael E. Quinton 12 January 2010 10:010 UTC www.quintonpetix.com [Source type: Original source]

^ The duty of the United States in a tort action is defined in accordance with the law of the state where the negligence occurred.
  • Federal Tort Claims Act: An Overview by Michael E. Quinton 12 January 2010 10:010 UTC www.quintonpetix.com [Source type: Original source]

.All but four US states now follow a statutorily created regime of comparative negligence.^ State, 540 P.2d 1037 (Alaska 1975) (establishing comparative negligence in Alaska).
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

^ I have no idea whether Hawaii state courts now follow Twombly/Iqbal.
  • The Volokh Conspiracy - Tort Liability: 12 January 2010 10:010 UTC volokh.com [Source type: Original source]

^ At the same time, state negligence laws are retained under the PIP system, so that negligent PIP drivers can be sued for all economic damages that exceed their PIP coverage.
  • The Economic Benefits of Tort Reform 12 January 2010 10:010 UTC www.house.gov [Source type: FILTERED WITH BAYES]

.Contributory negligence has been widely criticized as being too draconian, in that a plaintiff whose fault was comparatively minor might recover nothing from a more egregiously irresponsible defendant.^ The legal system in the United States has been widely criticized for being too costly, inefficient and ineffective in administering fair awards.
  • The Economic Benefits of Tort Reform 12 January 2010 10:010 UTC www.house.gov [Source type: FILTERED WITH BAYES]

^ Denial of directed verdict for plaintiff on her contributory fault is moot because the jury found in her favor on this question.
  • Kentucky Tort Report: Tort Report 12 January 2010 10:010 UTC kentuckylaw.typepad.com [Source type: FILTERED WITH BAYES]

^ Allocatively, such a tax might cause plaintiffs to engage in different activities than if they could recover damages by direct actions.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

.Comparative negligence has also been criticized, since it would allow a plaintiff who is recklessly 95% negligent to recover 5% of the damages from the defendant, and often more when a jury is feeling sympathetic.^ The defendant was held liable for the entire injury since he had knowingly violated the plaintiff's person, despite his lack of knowledge of the plaintiff's "egg-shell skull" status.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ The Alaska Supreme Court also has held that a trial court in Alaska need not even submit a punitive damages issue to a jury if there is no evidence that would allow that jury to infer that the defendant acted with actual malice in a case.
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

^ If the court had allowed this sort of a defense against an intentional kick, it would in essence have denied plaintiff's property right in his leg, substituting for it a consequentialist liability rule.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

.Economists have further criticized comparative negligence, since under the Learned Hand Rule it will not yield optimal precaution levels.^ Such suits may be brought under rules of comparative fault, but there is no vicarious liability for association members and trustees.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ Consequently, there could be no recovery under modified comparative negligence, and to allow recovery would also violate public policy.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ Under that rule, once the buyer or owner of property has accepted a contractor’s work, the contractor is not liable in negligence to third parties for defects.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

Illegality

.Ex turpi causa non oritur actio is the illegality defence, the Latin for "no right of action arises from a despicable cause."^ Since no injury or damages were offered in evidence, there was no cause of action against the maker.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ No cause of action should exist and no opportunity should be given to juries to compensate hurt feelings or punish hurtful-but-not-slanderous statements.
  • The Volokh Conspiracy - Tort Liability: 12 January 2010 10:010 UTC volokh.com [Source type: Original source]

^ Court held that employer had no duty to her that had been breached, so she had no cause of action.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

.If the claimant is involved in wrongdoing at the time the alleged negligence occurred, this may extinguish or reduce the defendant's liability.^ Both plaintiff and defendants will have significant incentive for joining available defendants who may be liable.
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

^ According to the author, "[c]lassical reformers stressed that it was normatively unfair to hold a single defendant fully liable when that defendant was only remotely involved in causing the harm."
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

^ New York high court held that in complex matters, such as medicine, expert testimony could be used to establish res ipsa loquitur, that is, the action involved could not have occurred except for negligence on the part of the defendant.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

.Thus, if a burglar is verbally challenged by the property owner and sustains injury when jumping from a second story window to escape apprehension, there is no cause of action against the property owner even though that injury would not have been sustained but for the property owner's intervention.^ Since no injury or damages were offered in evidence, there was no cause of action against the maker.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ There thus was no trial.
  • The Volokh Conspiracy - Tort Liability: 12 January 2010 10:010 UTC volokh.com [Source type: Original source]

^ There would be no juries.
  • Experiments in Tort Reform - Prescriptions Blog - NYTimes.com 12 January 2010 10:010 UTC prescriptions.blogs.nytimes.com [Source type: FILTERED WITH BAYES]

Remedies

.The main remedy against tortious loss is compensation in 'damages' or money.^ The physician had no claim against the vaccine maker for loss of reputation since there was no evidence of damage.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ The legislation caps damages non-economic losses at $250,000 against providers and $250,000 against factilities, with no more than $500,000 awarded in any one case.
  • Tort Reform : Day On Torts 25 September 2009 5:36 UTC www.dayontorts.com [Source type: FILTERED WITH BAYES]

^ Punitive damages constitute money awarded "to plaintiffs in excess of full compensation for their injuries."
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

.In a limited range of cases, tort law will tolerate self-help, such as reasonable force to expel a trespasser.^ Since I no longer can even dream about beating the lawyers on tort reform, I dream of passing laws to permit limited liability healthcare partnerships and hospitals .
  • Hot Air » Blog Archive » Palin: No health-care reform without tort reform 12 January 2010 10:010 UTC hotair.com [Source type: General]

^ There is a difference between such adherence (the law of the case doctrine) and res adjudicata.
  • Kentucky Tort Report: Tort Report 12 January 2010 10:010 UTC kentuckylaw.typepad.com [Source type: FILTERED WITH BAYES]

^ Each establishes procedural mechanisms which have a relatively limited effect on existing state substantive tort law doctrines.
  • The Economic Benefits of Tort Reform 12 January 2010 10:010 UTC www.house.gov [Source type: FILTERED WITH BAYES]

This is a defence against the tort of battery. .Further, in the case of a continuing tort, or even where harm is merely threatened, the courts will sometimes grant an injunction.^ Even if you went to the Superior Court to see what is public there in the way of civil lawsuits, sometimes the doctor asks for part of the file to be purged.
  • Tort Reform Unlikely to Cut Health Care Costs « The Washington Independent 12 January 2010 10:010 UTC washingtonindependent.com [Source type: FILTERED WITH BAYES]

^ A study of 45 large trial courts found that punitive damages were awarded in 4% of tort cases and were less than 8% of compensatory damages (Eisenberg et al.
  • The frivolous case for tort law change: Opponents of the legal system exaggerate its costs, ignore i 12 January 2010 10:010 UTC www.epi.org [Source type: FILTERED WITH BAYES]

^ The Tort Reform Act also explicitly overruled the Alaska Supreme Court case Jackson v.
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

.This means a command, for something other than money by the court, such as restraining the continuance or threat of harm.^ Republicans to figure out how you’re going to save the money other than pulling the plug on grandma .” .
  • Think Progress » Giuliani: Without tort reform, health care can only save money by ‘pulling the plug on grandma.’ 12 January 2010 10:010 UTC thinkprogress.org [Source type: General]

^ In one such dubious case, the firm had to pony up $84 million—more money than the company had cumulatively made in its history.
  • Tort Turns Toxic by Steven Malanga, City Journal Autumn 2002 12 January 2010 10:010 UTC www.city-journal.org [Source type: FILTERED WITH BAYES]

^ I find it amusing how the trolls can manage such venom against something that will save them money and assure that their insurance will remain in place when they make a claim.
  • Think Progress » Giuliani: Without tort reform, health care can only save money by ‘pulling the plug on grandma.’ 12 January 2010 10:010 UTC thinkprogress.org [Source type: General]

[24] .Usually injunctions will not impose positive obligations on tortfeasors, but some Australian jurisdictions can make an order for specific performance to ensure that the defendant carries out their legal obligations, especially in relation to nuisance matters.^ To Hayek, legal rules necessary for the servicing of the market order are the product of spontaneous judicial decision-making, analogous to the generation of prices in the market.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ As to defense lawyers, the reform would extinguish the incentive of defendants in some cases to wear down the plaintiff through extensive legal proceedings.
  • The Economic Benefits of Tort Reform 12 January 2010 10:010 UTC www.house.gov [Source type: FILTERED WITH BAYES]

^ If he put out a request for donations to pay his legal bills, I would probably give him some money.
  • Tort Reform : Day On Torts 25 September 2009 5:36 UTC www.dayontorts.com [Source type: FILTERED WITH BAYES]

[25]

Theory and reform

.Scholars and lawyers have identified conflicting aims for the law of tort, to some extent reflected in the different types of damages awarded by the courts: compensatory, aggravated and punitive.^ The huge court awards are for punitive damages.
  • Think Progress » Giuliani: Without tort reform, health care can only save money by ‘pulling the plug on grandma.’ 12 January 2010 10:010 UTC thinkprogress.org [Source type: General]

^ You can’t get punitive damages without compensatory damages.
  • Think Progress » Giuliani: Without tort reform, health care can only save money by ‘pulling the plug on grandma.’ 12 January 2010 10:010 UTC thinkprogress.org [Source type: General]

^ In other words, to make sure victims receive the full amount of their economic damage awards, courts in effect add on pain and suffering damages as the lawyers' compensation.
  • The Economic Benefits of Tort Reform 12 January 2010 10:010 UTC www.house.gov [Source type: FILTERED WITH BAYES]

.In The Aims of the Law of Tort (1951),[26] Glanville Williams saw four possible bases on which different torts rested: appeasement, justice, deterrence and compensation.^ The first ideal type of tort law is portrayed by the historical bases for liability.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ Posted on January 26, 2007 by John Day The Economic Policy Institute has a different take on the impact of "tort reform" on the economy.
  • Tort Reform : Day On Torts 25 September 2009 5:36 UTC www.dayontorts.com [Source type: FILTERED WITH BAYES]

^ The broad-based tort reform law passed in 1995 was declared unconstitutional.
  • Tort Law 25 September 2009 5:36 UTC www.angelfire.com [Source type: Original source]

.From the late 1950s a group of legally oriented economists and economically oriented lawyers emphasized incentives and deterrence, and identified the aim of tort as being the efficient distribution of risk.^ Law of Tort 8cp; prerequisite: 70113 Legal Process and History; corequisites: 70105 Legal Research; 70217 Criminal Law This subject discusses the functions and aims of the tort .
  • Tort Law 25 September 2009 5:36 UTC www.angelfire.com [Source type: Original source]

^ Legal WebTV Network LLC, LegalView.com, and LegalWebMedia.com are group advertising sponsored by the attorneys identified here.
  • Mass Tort - Attorney, Lawsuit, Law Suit, Case, Claim, Settlement, Lawyer, Litigation 12 January 2010 10:010 UTC mass-tort.legalview.info [Source type: General]

^ As to defense lawyers, the reform would extinguish the incentive of defendants in some cases to wear down the plaintiff through extensive legal proceedings.
  • The Economic Benefits of Tort Reform 12 January 2010 10:010 UTC www.house.gov [Source type: FILTERED WITH BAYES]

They are often described as the law and economics movement. .Ronald Coase, one of the movement's principal proponents, submitted, in his article The Problem of Social Cost (1960),[27] that the aim of tort should be to reflect as closely as possible liability where transaction costs should be minimized.^ Tort victims also should have little problem successfully navigating the 1997 Tort Reform Act's new statute of repose.
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

^ This kind of tort reform won’t put the lawyers out of business, but it would reduce the cost of medical liability insurance (which we pay as patients) and the cost of defensive medicine.
  • Experiments in Tort Reform - Prescriptions Blog - NYTimes.com 12 January 2010 10:010 UTC prescriptions.blogs.nytimes.com [Source type: FILTERED WITH BAYES]

^ It was judged that, if Cynthia were to recover damages, it should be for the cost of her schizophrenia discounted by the probability that she would nonetheless have contracted the disease from a non-liable source.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

.Calls for reform of tort law come from diverse standpoints reflecting diverse theories of the objectives of the law.^ Like most tort reform legislation, the 1997 Tort Reform Act did [*pg 64] not address significant elements of Alaska tort law and it will not have a lasting impact on Alaska tort victims.
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

^ Posted on June 6, 2009 by John Day Walter Olson at Point of Law shares a study from the Pacific Research Institute on the effect of various tort reforms.
  • Tort Reform : Day On Torts 25 September 2009 5:36 UTC www.dayontorts.com [Source type: FILTERED WITH BAYES]

^ This ad nauseum Republican chant calling for tort reform indicates just how much they hate being held accountable for their actions.
  • Think Progress » Giuliani: Without tort reform, health care can only save money by ‘pulling the plug on grandma.’ 12 January 2010 10:010 UTC thinkprogress.org [Source type: General]

Some calls for reform stress the difficulties encountered by potential claimants. Because of all people who have accidents, only some can find solvent defendants from which to recover damages in the courts, P. S. Atiyah has called the situation a "damages lottery."[28] Consequently, in New Zealand, the government in the 1960s established a no-fault system of state compensation for accidents. Similar proposals have been the subject of Command Papers in the UK and much academic debate.
.However, in the U.S. calls for reform have tended to be for drastic limitation on the scope of tort law, a minimisation process on the lines of economic analysis.^ Since I no longer can even dream about beating the lawyers on tort reform, I dream of passing laws to permit limited liability healthcare partnerships and hospitals .
  • Hot Air » Blog Archive » Palin: No health-care reform without tort reform 12 January 2010 10:010 UTC hotair.com [Source type: General]

^ However, if these reforms generated even 10 percent savings, the tort system would cost $15 billion less.
  • The Economic Benefits of Tort Reform 12 January 2010 10:010 UTC www.house.gov [Source type: FILTERED WITH BAYES]

^ The early common law of contracts was acutely sensitive to the resemblance of tort and contract as means of allocating risks, and to the moral and economic preferability of the latter when available.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

.Anti-trust damages have come under special scrutiny,[29] and many people believe the availability of punitive damages generally are a strain on the legal system.^ Nature of damages; general and special.
  • Remedies for Torts 25 September 2009 5:36 UTC www.beardbooks.com [Source type: Reference]

^ P. B5 Fear of AIDS has caused many people to sue for emotional distress damages after having been..
  • Tort Law 25 September 2009 5:36 UTC www.angelfire.com [Source type: Original source]

^ Bork, an infamous tort reform advocate, hasn’t always been such a fan of suing for punitive damages, at least when other people do it.
  • Think Progress » Tort reformer Robert Bork sues Yale Club. 12 January 2010 10:010 UTC thinkprogress.org [Source type: General]

Theoretical and policy considerations are central to fixing liability for pure economic loss and of public bodies.

Overlap with criminal law

.There is some overlap between criminal law and tort, since tort, a private action, used to be used more than criminal laws in the past.^ [FN19] Tort law is in some ways more like criminal law than contract law.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ Tort law presents an aspect of corrective justice entirely lacking in criminal law: in the former the aggrieved party receives the penalty, while in the latter the state enforces its fiat.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ Tort law has an important function in any privately-ordered society that has not reached the ideal of completely specified rights and instantaneously negotiated contracts.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

.For example, in English law an assault is both a crime and a tort (a form of trespass to the person).^ Trespass to the person; assault and battery.
  • Remedies for Torts 25 September 2009 5:36 UTC www.beardbooks.com [Source type: Reference]

^ [FN48] This is the rubric of intentional torts, of which trespass, assault, and battery are the most well-known.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ Trespass was the main form of tort action, since it was related to crimes committed on land.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

.A tort allows a person, usually the victim, to obtain a remedy that serves their own purposes (for example by the payment of damages to a person injured in a car accident, or the obtaining of injunctive relief to stop a person interfering with their business).^ In Alaska, punitive damages serve a number of purposes, but even prior to the 1997 Tort Reform Act, recovering them in an Alaska tort case was no easy task.
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

^ Someone who is the victim of a tort has a “cause of action.” This means that he or she may go to court, sue the person who caused the harm, and, if the suit is successful, collect damages.
  • The Privacy Torts: How U.S. State Law Quietly Leads the Way in Privacy Protection 25 September 2009 5:36 UTC www.privacilla.org [Source type: Original source]

^ A driver stopped to help an injured person who did not have life-threatening injuries.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

.Criminal actions on the other hand are pursued not to obtain remedies to assist a person – although often criminal courts do have power to grant such remedies – but to remove their liberty on the state's behalf.^ New Hampshire high court held that a state law granting immunity to ski area operators from suits arising from injuries incurred while participating in the "sport of skiing" does not give immunity to ski area operators who offer other sports, such as snow tubing.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ In the event the petition is filed in a civil action or proceeding pending in a State court, the action or proceeding may be removed without bond by the Attorney General to the district court of the United States for the district and division embracing the place in which it is pending.
  • Federal Tort Claims Act: An Overview by Michael E. Quinton 12 January 2010 10:010 UTC www.quintonpetix.com [Source type: Original source]

^ It's there in the language of section 302B that only makes the defendant liable if he or she "realizes or should realize that [his or her action or omission] involves an unreasonable risk of harm to another through the conduct of the other or a third person which is intended to cause harm, even though such conduct is criminal."
  • The Volokh Conspiracy - Tort Liability: 12 January 2010 10:010 UTC volokh.com [Source type: Original source]

That explains why incarceration is usually available as a penalty for serious crimes, but not usually for torts.
.The more severe penalties available in criminal law also means that it requires a higher burden of proof to be discharged than the related tort.^ [FN19] Tort law is in some ways more like criminal law than contract law.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ Tort law presents an aspect of corrective justice entirely lacking in criminal law: in the former the aggrieved party receives the penalty, while in the latter the state enforces its fiat.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ Law of Tort 8cp; prerequisite: 70113 Legal Process and History; corequisites: 70105 Legal Research; 70217 Criminal Law This subject discusses the functions and aims of the tort .
  • Tort Law 25 September 2009 5:36 UTC www.angelfire.com [Source type: Original source]

.For example, in the O. J. Simpson murder trial, the jury was not convinced beyond reasonable doubt that O. J. Simpson had committed the crime of murder; but in a later civil trial, the jury in that case felt that there was sufficient evidence to meet the standard of preponderance of the evidence required to prove the tort of wrongful death.^ A tort is a civil wrong, not a crime.
  • Tort Law 25 September 2009 5:36 UTC www.angelfire.com [Source type: Original source]

^ In contrast to McConnell-Abraham's "clear and convincing" evidence standard, the original Moore-Gephardt proposal required the more stringent standard of "beyond a reasonable doubt."
  • The Economic Benefits of Tort Reform 12 January 2010 10:010 UTC www.house.gov [Source type: FILTERED WITH BAYES]

^ I think there should be a cap based on a number of factors for any tort case.
  • Think Progress » Tort reformer Robert Bork sues Yale Club. 12 January 2010 10:010 UTC thinkprogress.org [Source type: General]

[30]
.Many jurisdictions, especially the US, retain punitive elements in tort damages, for example in anti-trust and consumer-related torts, making tort blur the line with criminal acts.^ Bork, an infamous tort reform advocate, hasn’t always been such a fan of suing for punitive damages, at least when other people do it.
  • Think Progress » Tort reformer Robert Bork sues Yale Club. 12 January 2010 10:010 UTC thinkprogress.org [Source type: General]

^ However, the 1997 Tort Reform Act did little to amend this standard, established by the 1986 reforms, and so cannot be blamed for any decisions refusing to award punitive damages because this standard was not met.
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

^ Like most tort reform legislation, the 1997 Tort Reform Act did [*pg 64] not address significant elements of Alaska tort law and it will not have a lasting impact on Alaska tort victims.
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

.Also there are situations where, particularly if the defendant ignores the orders of the court, a plaintiff can obtain a punitive remedy against the defendant, including imprisonment.^ The Court also has remarked that there exists no exact ratio between the amount of compensatory damages and the amount of punitive damages awarded, and that a high ratio may be indicative, but not dispositive, of a punitive damage award's excessiveness.
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

^ The Alaska Supreme Court also has held that a trial court in Alaska need not even submit a punitive damages issue to a jury if there is no evidence that would allow that jury to infer that the defendant acted with actual malice in a case.
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

^ If the court had allowed this sort of a defense against an intentional kick, it would in essence have denied plaintiff's property right in his leg, substituting for it a consequentialist liability rule.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

.Some torts may have a public element – for example, public nuisance – and sometimes actions in tort will be brought by a public body.^ I think others have already made similar points above, but this example of limited intelligence may shed some light on the utter inability of Republicans to govern effectively.
  • Think Progress » Giuliani: Without tort reform, health care can only save money by ‘pulling the plug on grandma.’ 12 January 2010 10:010 UTC thinkprogress.org [Source type: General]

^ This is an example of something I've remarked on before: how tort law sometimes unduly interferes with people's liberties.
  • The Volokh Conspiracy - Tort Liability: 12 January 2010 10:010 UTC volokh.com [Source type: Original source]

^ Tort victims will not benefit from the provision, and may even be harmed in some circumstances.
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

.Also, while criminal law is primarily punitive, many jurisdictions have developed forms of monetary compensation or restitution which criminal courts can directly order the defendant to pay to the victim.^ In other words, to make sure victims receive the full amount of their economic damage awards, courts in effect add on pain and suffering damages as the lawyers' compensation.
  • The Economic Benefits of Tort Reform 12 January 2010 10:010 UTC www.house.gov [Source type: FILTERED WITH BAYES]

^ Criminal law is public ordering; it implies state coercion of individuals.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ Indiana high court held that under state law, the estate of a person who committed a tort may not be sued for punitive damages.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

[31]

Tort by legal jurisdiction

.Legal jurisdictions whose legal system developed from the English common law have the concept of tortious liability.^ It is subject to common law liability.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ The basic problem arises from the formulary system unique to common law pleadings.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ In our common-law system, juries - a cross-section of the population - have pretty broad power to decide who has tort liability to whom, subject only to limitations imposed by judges...
  • The Volokh Conspiracy - Tort Liability: 12 January 2010 10:010 UTC volokh.com [Source type: Original source]

.There are technical differences from one jurisdiction to the next in proving the various torts.^ There is no reliable research available that quantifies the tort system's effect on the economy that would enable one to judge whether the effect is economically significant.
  • The frivolous case for tort law change: Opponents of the legal system exaggerate its costs, ignore i 12 January 2010 10:010 UTC www.epi.org [Source type: FILTERED WITH BAYES]

^ The fact that one town in Texas has extremely high Medicare costs while there is tort reform in the entire state does not vitiate the proposition that tort reform can lower costs.
  • Tort Reform Unlikely to Cut Health Care Costs « The Washington Independent 12 January 2010 10:010 UTC washingtonindependent.com [Source type: FILTERED WITH BAYES]

.For the issue of foreign elements in tort see Tort and Conflict of Laws.^ Like most tort reform legislation, the 1997 Tort Reform Act did [*pg 64] not address significant elements of Alaska tort law and it will not have a lasting impact on Alaska tort victims.
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

^ Tort reform is clearly a state law issue and so-called tort reform in the states has done nothing to reduce medical malpractice insurance rates.
  • Tort Reform Unlikely to Cut Health Care Costs « The Washington Independent 12 January 2010 10:010 UTC washingtonindependent.com [Source type: FILTERED WITH BAYES]

^ See Robert L. Rabin, Federalism and the Tort System , 50 RUTGERS L. REV. 1, 1 (1997) ("Tort law in America is built on the bedrock of state common law."
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

.In addition, other legal systems have concepts comparable to torts.^ Equal Justice - Tort Law THE US. become as strong as it did because of our Democratic legal system and innovation.
  • Tort - Associated Content - Topic - associatedcontent.com 25 September 2009 5:36 UTC www.associatedcontent.com [Source type: General]

^ And compared to other countries, we have heavy administrative costs from the private-insurance system.
  • Would Tort Reform Lower Costs? - Prescriptions Blog - NYTimes.com 12 January 2010 10:010 UTC prescriptions.blogs.nytimes.com [Source type: FILTERED WITH BAYES]

^ At the other pole of this continuum is an amoral tort system with very different premises.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

See, for instance, the rabbinic category of Damages (Jewish law).

See also

Notes

  1. ^ "Tort" is the Norman word for a "wrong." As traditionally used, this kind of wrong is distinct from a contractual or criminal wrong. See: G. Edward White, Tort Law in America: An Intellectual History, (2003) p. xxiii.
  2. ^ Zweigert, P. & Kötz, H. (1998). An Introduction to Comparative Law (3rd ed.). Oxford: Clarendon Press. pp. pp595–628. ISBN 0198268599. 
  3. ^ Legal Definition of Tortfeasor
  4. ^ PDF page 302
  5. ^ Mark Lunney and Ken Oliphant, Tort Law (Third Edition) p.1 - Origins of Tort Law
  6. ^ [1932] AC 562
  7. ^ [1909] AC 229
  8. ^ Public Nuisance: A Historical Perspective
  9. ^ Jones v Powell (1629) 123 Eng. Rep. 1155
  10. ^ Rylands v. Fletcher (1866) LR 1 Exch 265
  11. ^ Cambridge Water Co Ltd v Eastern Counties Leather plc [1994] 2 AC 264
  12. ^ Property Rights in the Defense of Nature Enviroprobe
  13. ^ p.509 Markesinis and Deakin's Tort Law (2003 5th Ed.) OUP)
  14. ^ Mogul Steamship Co. Ltd. v. McGregor, Gow & Co. (1889) LR 23 QBD 598
  15. ^ per Bowen LJ, (1889) LR 23 QBD 598, 614
  16. ^ Taff Vale Railway v. Amalgamated Society of Railway Servants [1901] AC 426
  17. ^ Quinn v. Leatham [1901] AC 495
  18. ^ Torquay Hotels Ltd v. Cousins [1968]
  19. ^ Rookes v. Barnard [1964] AC 1129
  20. ^ [1964] AC 465
  21. ^ [1978] QB 574
  22. ^ Richard Whish, Competition Law (2003) 5th Ed., Lexis Nexis, Ch. 10
  23. ^ vicarious - Definition from the Merriam-Webster Online Dictionary
  24. ^ Miller v. Jackson [1975]
  25. ^ Currie, S., & Cameron, D. (2000), "Your Law", Nelson Thomson Learning, Melbourne, p. 225
  26. ^ Williams, G. [1951] "The Aims of the Law of Tort", Current Legal Problems 137
  27. ^ Coase, R. H. (1960). "The Problem of Social Cost". The Journal of Law and Economics 3: 1–44. doi:10.1086/466560. , reprinted in Coase, R. H. (1990). The Firm, the Market and the Law. Chicago: Chicago University Press. pp. pp95–156. ISBN 0-226-11101-6. , online version
  28. ^ Atiyah, P. S. (1997) The Damages Lottery
  29. ^ see especially, Bork, R. (1971) The Antitrust Paradox
  30. ^ Rufo v. Simpson, 86 Cal. App. 4th 573 (2001).
  31. ^ See also Ronen Perry, The Role of Retributive Justice in the Common Law of Torts: A Descriptive Theory, 73 Tenn. L. Rev. 177 (2006).

Bibliography

  • Deakin, Johnston and Markesinis (2008). Markesinis & Deakin's Tort Law. Oxford: Oxford University Press. .ISBN 978-0-19-928246-3. 
  • Mark Lunney, Ken Oliphant, Tort Law - Texts, Cases (2003) 2nd Ed.^ Tort Law , 2nd Edition .
    • Tort Law 25 September 2009 5:36 UTC www.angelfire.com [Source type: Original source]

    ^ Avilla attorney, offering services for injury and employment tort cases, business formation, and family law .
    • Tort Law 25 September 2009 5:36 UTC www.angelfire.com [Source type: Original source]

    ^ An appeals court ruled that the Minnesota Good Samaritan law provides immunity from tort liability in such cases.
    • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

    .Oxford University Press, ISBN 0-19-926055-9
  • van Gerven, W. et al. (eds) (2001).^ W. PAGE KEETON, ET AL., PROSSER AND KEETON ON THE LAW OF TORTS § 71, at 512 (5th ed.
    • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

    .Cases, Materials and Text on National, Supranational and International Tort Law.^ Avilla attorney, offering services for injury and employment tort cases, business formation, and family law .
    • Tort Law 25 September 2009 5:36 UTC www.angelfire.com [Source type: Original source]

    ^ Similarly, the damage caps incorporated in the 1997 Tort Reform Act will have little effect on Alaska tort law, for cases rarely arise in Alaska where the caps would effect the amount of damages awarded.
    • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

    ^ Law Yale Law Professor Argues Eliminating the Erie Doctrine on Customary International Tort Law Famed lecturer proposed that Erie R.R. v.
    • Tort - Associated Content - Topic - associatedcontent.com 25 September 2009 5:36 UTC www.associatedcontent.com [Source type: General]

    Oxford: Hart Publishing. ISBN 1841131393. 

1911 encyclopedia

Up to date as of January 14, 2010

From LoveToKnow 1911

TORT (Fr. for wrong, from Lat. .tortus, twisted, participle of torquere), the technical term, in the law of England, of those dominions and possessions of the British Empire where the common law has been received or practically adopted in civil affairs, and of the United States, for a civil wrong, i.e. the breach of a duty imposed by law, by which breach some person becomes entitled to sue for damages.^ A civil wrong or breach of a duty to another person.

^ In the common law , a tort is a civil wrong for which the law provides a remedy.
  • Law School Exams, sample answers, flashcards and outlines -- LawExams.com 12 January 2010 10:010 UTC www.lawexams.com [Source type: Original source]

^ United States tort law .
  • Mass Tort - Attorney, Lawsuit, Law Suit, Case, Claim, Settlement, Lawyer, Litigation 12 January 2010 10:010 UTC mass-tort.legalview.info [Source type: General]

.A tort must, on the one hand, be an act which violates a general duty.^ Tort of Negligence is when harm occurs as a result of an individual, who is under a duty, fails to meet a standard of care imposed by that duty through and act or omission.
  • Los Angeles Lawyer - Tort 25 September 2009 5:36 UTC www.danataschner.com [Source type: Original source]

^ You can download the tort claims form from this website; however, you must submit the form via U.S. Mail or hand-delivered to our office with an original signature that is notarized.

^ While I was on active duty, in the Navys Judge Advocate Generals Corps, I represented the Navy in automobile, slip & fall medical malpractice cases that were brought under the Federal Tort Claims Act.
  • Welcome to The Law Offices of W. Robb Graham 12 January 2010 10:010 UTC federaltortclaim.com [Source type: Original source]

.The rule which it breaks must be one made by the law, not, as in the case of a mere breach of contract, a rule which the law protects because the parties have made it for themselves.^ It is not a crime, it is not a breach of contract, it is not necessarily concerned with property rights or problems of government, but is the occupant of a large residuary field remaining if these are taken out of the law.
  • Definition of Torts 12 January 2010 10:010 UTC www.rbs2.com [Source type: Original source]

^ Contract law seeks to enforce the rights which arise out of an agreement whose parties have voluntarily agreed to be bound by its terms.
  • Legal Dictionary 12 January 2010 10:010 UTC www.duhaime.org [Source type: Original source]

^ A tort is a breach of duty , potentially owed to the whole world, imposed by law, whereas in contract, individuals agree to be bound by a set of rules (the contract).
  • Law School Exams, sample answers, flashcards and outlines -- LawExams.com 12 January 2010 10:010 UTC www.lawexams.com [Source type: Original source]

.On the other hand, a tort is essentially the source of a private right of action.^ Tort laws involve civil suits, which are actions brought to protect an individual’s private rights.
  • What are Tort Laws? 12 January 2010 10:010 UTC cecp.air.org [Source type: Original source]

^ O.C.G.A. § 51-1-1 defines the term: “A tort is the unlawful violation of a private legal right other than a mere breach of contract…” If you happen to commit a tort—and that doesn’t necessarily mean that you are a bad person—, then you are a “tortfeasor”.
  • TORTS 25 September 2009 5:36 UTC oxfordfirm.com [Source type: Original source]

^ The Privacy Torts The most influential source of privacy as a part of American legal culture was an article called The Right to Privacy in the 1890 Harvard Law Review.
  • The Privacy Torts 25 September 2009 5:36 UTC www.privacilla.org [Source type: FILTERED WITH BAYES]

.An offence which is punishable, but for which no one can bring a civil action, is not a tort.^ Tort deals looks at when one person can be liable to another for a civil wrong where the parties are not in a contractual relationship.
  • Topic: Tort 12 January 2010 10:010 UTC www.lawbore.net [Source type: FILTERED WITH BAYES]

^ Although a tort and a crime are two different things, sometimes one action can be both.
  • Student Handout 3.2 - What is a Tort? 20 September 2009 13:29 UTC www.sasked.gov.sk.ca [Source type: Original source]

^ Noun: tort    tort ( law ) any wrongdoing for which an action for damages may be brought - civil wrong Sounds like: taugh .
  • tort, torts- WordWeb dictionary definition 12 January 2010 10:010 UTC www.wordwebonline.com [Source type: Reference]

.It is quite possible for one and the same act to be a tort and a breach of contract, or a tort and a crime; it is even possible in one class of cases for the plaintiff to have the option - for purposes of procedural advantage - of treating a real tort as a fictitious contract; but there is no necessary or general connexion.^ Often the same wrongful act can be both a crime and a tort.
  • Stimmel, Stimmel & Smith: Legal Articles 25 September 2009 5:36 UTC www.stimmel-law.com [Source type: Original source]

^ There is no possibility this will be stopped, ever.
  • Tort Reform Could Save Health Care $54 Billion, Says CBO -- Politics Daily 12 January 2010 10:010 UTC www.politicsdaily.com [Source type: General]

^ Sometimes it seems as if there is no one to..."
  • Thinkmap Visual Thesaurus - An online thesaurus and dictionary of over 145,000 words that you explore using an interactive map. 12 January 2010 10:010 UTC www.visualthesaurus.com [Source type: General]

.Again, it is not the case that pecuniary damages are always or necessarily the only remedy for a tort; but the right to bring an action in common law jurisdiction, as distinct from equity, matrimonial or admiralty jurisdiction, with the consequent right to damages, is invariably present where a tort has been committed.^ In the common law , a tort is a civil wrong for which the law provides a remedy.
  • Law School Exams, sample answers, flashcards and outlines -- LawExams.com 12 January 2010 10:010 UTC www.lawexams.com [Source type: Original source]

^ In the common law , a tort is a civil wrong for which the law provides a remedy .
  • Los Angeles Lawyer - Tort 25 September 2009 5:36 UTC www.danataschner.com [Source type: Original source]

^ Tort law and contract law remedies?
  • WikiAnswers - What difference between law of contract and law of tort 12 January 2010 10:010 UTC wiki.answers.com [Source type: Original source]

.This technical use of the French word tort (which at one time was near becoming a synonym of wrong in literary English) is not very ancient, and anything like systematic treatment of the subject as a whole is very modern.^ The whole notion of a cycle is really the wrong word to use here.
  • RiskProf : Tort Reform 12 January 2010 10:010 UTC riskprof.typepad.com [Source type: FILTERED WITH BAYES]

^ The word tort simply means a "wrong."
  • Student Handout 3.2 - What is a Tort? 20 September 2009 13:29 UTC www.sasked.gov.sk.ca [Source type: Original source]

^ Tort reform is not a one-time effort.
  • XL Design Professional - Engineers Loss Prevention Library - Get Involved in Tort Reform 12 January 2010 10:010 UTC www.xldp.com [Source type: Original source]

.Since about the middle of the 19th century there has been a current assumption that all civil causes of action must be founded on either contract or tort; but there is no historical foundation for this doctrine, though modified forms of the action of trespass - actions in consimili casu, or " on the case " in the accustomed English phrase - did in practice largely supplant other more archaic forms of action by reason of their greater convenience.^ Trespass was the main form of tort action, since it was related to crimes committed on land.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ Now I have no reasons not to be out there.
  • Think Progress » Giuliani: Without tort reform, health care can only save money by ‘pulling the plug on grandma.’ 12 January 2010 10:010 UTC thinkprogress.org [Source type: General]

^ Does this mean there's no case against the tort system?
  • How to Fix The Tort System 12 January 2010 10:010 UTC www.businessweek.com [Source type: FILTERED WITH BAYES]

.The old forms were designed as penal remedies for manifest breach of the peace or corruption of justice; and traces of the penal element remained in them long after the substance of the procedure had become private and merely civil.^ The venerable legal treatise, Torts , by Prosser and Keeton attempts to define tort, largely unsuccessfully: Broadly speaking, a tort is a civil wrong, other than a breach of contract, for which the court will provide a remedy in the form of an action for damages.
  • Definition of Torts 12 January 2010 10:010 UTC www.rbs2.com [Source type: Original source]

^ Visit the site to learn about the latest state civil justice reform issues and become an ATRA member for password-protected inside information.
  • ATRA :: The American Tort Reform Association 12 January 2010 10:010 UTC www.atra.org [Source type: FILTERED WITH BAYES]

^ Basically, a tort is a civil wrong, for which the court will provide a remedy in the form of an action for damages.
  • Divorce Source: New Jersey Marital Tort FAQs 12 January 2010 10:010 UTC www.divorcesource.com [Source type: FILTERED WITH BAYES]

.The transition belongs to the general history of English law.^ Common law derives from generation after generation of judicial decisions extending back into pre-history.
  • The Privacy Torts: How U.S. State Law Quietly Leads the Way in Privacy Protection 25 September 2009 5:36 UTC www.privacilla.org [Source type: Original source]

^ See generally, J. BAKER, AN INTRODUCTION TO ENGLISH LEGAL HISTORY ch.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ HOLDSWORTH, HISTORY OF ENGLISH LAW vol.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

.In England the general scope of the law of torts has never been formulated by authority, the law having in fact been developed by a series of disconnected experiments with the various forms of action which seemed from time to time to promise the widest and most useful remedies.^ Most tort law is formulated and applied by state courts.
  • Questions about Tort Law - Ask.com 12 January 2010 10:010 UTC www.ask.com [Source type: Original source]

^ The information provided on Toxic Tort Law Firms.com is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered.

^ Published 2/22/2008 More Corporate Tort Reform Laws Passed Laws are being passed all the time without the public's knowledge.
  • What is a Tort? - Associated Content - associatedcontent.com 12 January 2010 10:010 UTC www.associatedcontent.com [Source type: General]

.But there is no doubt that the duties enforced by the English law of torts are broadly those which the Roman institutional writers summed up in the precept Alterum non laedere. Every member of a civilized commonwealth is entitled to require of others a certain amount of respect for his person, reputation and property, and a certain amount of care and caution when they go about undertakings attended with risk to their neighbours.^ There is no excuse for not knowing the law.
  • Tort | Law Made Easy 12 January 2010 10:010 UTC www.apaeat.org [Source type: Original source]

^ The facts, they say, indicate that there is no tort crisis.
  • Tort reform needs a fair trial 12 January 2010 10:010 UTC www.beaconhill.org [Source type: News]

^ In general, there is no duty to protect others against unreasonable risks of harm.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

.Under the modern law, it is submitted, the question arising when one man wilfully or recklessly harms another is not whether some technical form of action can be found in which he is liable, but whether he can justify or excuse himself.^ The question is whether damages may be recovered from a negligent issuer of an incorrect federal tax information return?1 If one receives a...
  • tort Resources | BNET 12 January 2010 10:010 UTC resources.bnet.com [Source type: FILTERED WITH BAYES]

^ While some torts are also crimes punishable with imprisonment, the primary aim of tort law is to provide relief for the damages incurred and deter others from committingthe same harms.
  • Tort | LII / Legal Information Institute 25 September 2009 5:36 UTC www.law.cornell.edu [Source type: Original source]

^ There are exclusions for liability arising from pollution, asbestos, nuclear, automobiles, watercraft over 30 feet, medical malpractice, criminal acts, sexual/immoral acts, one insured versus another, autopsies, etc.
  • Legal Affairs - Tort Liability 12 January 2010 10:010 UTC www.ncsu.edu [Source type: Original source]

.This view, at any rate, is countenanced by a judgment of the Supreme Court of the United States delivered in 1904. If it be right, the controverted question whether conspiracy is or is not a substantive cause of action seems to lose most of its importance.^ Some states do recognize this right of action.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ The state Supreme Court vacated the verdict.
  • No Tort Damages For Non 12 January 2010 10:010 UTC www.zalma.com [Source type: Original source]

^ When they do so, either intentionally or by negligence , they can be required by a court to pay money to the injured party ( damages ) so that, ultimately, they will suffer the pain cause by their action.
  • Legal Dictionary 12 January 2010 10:010 UTC www.duhaime.org [Source type: Original source]

.Instead of the doubtful proposition of law that some injuries become unlawful only when inflicted by concerted action, we shall have the plain proposition of fact that some kinds of injury cannot, as a rule, be inflicted by one person with such effect as to produce any damage worth suing for.^ Personal injury is any injury that is inflicted on one person as a result of the negligence of another person.
  • Tort Law-Overview | Lawfirms.com 12 January 2010 10:010 UTC www.lawfirms.com [Source type: FILTERED WITH BAYES]

^ Personal Injury Law - fall in a ditch...
  • Environmental Lawyers, Attorneys for Toxic Tort Litigation 12 January 2010 10:010 UTC toxictort.lawyercentral.com [Source type: General]

^ The 1995 law disallows DTPA actions for personal injury or death.
  • TORT REFORM IN TEXAS | Texans for Lawsuit Reform 12 January 2010 10:010 UTC www.tortreform.com [Source type: Original source]

.The precise amount of responsibility can be determined only by full consideration in each class of cases.^ We have considerable knowledge and experience in challenging class certification that we have emphasized in defeating or limiting the scope of toxic tort cases for our clients.
  • Phelps Dunbar LLP: Description 12 January 2010 10:010 UTC www.phelpsdunbar.com [Source type: Reference]

^ This meant that the House of Lords considered only the issue of legal liability (the H of L referred the issue of factual liability back to the court, in which the case was started, so they can determine the facts within the case - e.g.

^ In its analysis of state litigation in large counties, the Bureau of Justice Statistics found only one case that it could classify as a class action.

.It is important to observe, however, that a law of responsibility confined to a man's own personal acts and defaults would be of next to no practical use under the conditions of modern society.^ This area or field of law is practiced under "Personal Injury Law".
  • Tort - Texas Personal Injury Lawyer 12 January 2010 10:010 UTC www.maryalice.com [Source type: Original source]

^ Explicitly and enforceably providing that jurisdiction can be subject to contract would seem to come comfortably under I.10.1 ("No state shall...pass...any Law impairing the Obligation of Contracts").
  • The Volokh Conspiracy - Federalism and Tort Reform: 12 January 2010 10:010 UTC volokh.com [Source type: Original source]

^ If you would like to have a better understanding of tort law, a Florida personal injury lawyer can answer your questions.
  • Tort Law | Attorneys, Lawyers & Legal Resources 12 January 2010 10:010 UTC www.forthepeople.com [Source type: News]

.What makes the law of torts really effective, especially with regard to redress for harm suffered by negligence, is the: universal rule of law that every one is answerable for the acts and defaults of his servants (that is, all persons acting under his direction and taking their orders from him or some one representing him) in the course of their employment.^ In law, a tort is an injury committed willfully or negligently by a person or company.
  • Understanding tort reform (Page 1 of 2) 12 January 2010 10:010 UTC www.bankrate.com [Source type: FILTERED WITH BAYES]

^ Here the negligent act of one defendant has caused harm.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ Intentional torts : An intentional tort is a purposeful act that causes harm to another person.
  • Tort Lawyer & Attorney, Law of Tort For Negligence, Strict Liability California. Attorney Robert Brenner 12 January 2010 10:010 UTC www.attorneyrobertbrenner.com [Source type: Original source]

.The person actually in fault is not the less answerable, but the remedy against him is very commonly not worth pursuing.^ Limited Tort, though less expensive than full tort, severely limits your ability to bring a claim against the driver at fault.
  • LIMITED TORT v. FULL TORT - Law Firm Maribeth Blessing Attorneys Rockledge, Pennsylvania 12 January 2010 10:010 UTC www.mbfamilylaw.com [Source type: General]

^ Instead of prosecuting this person, the courts may hold him or her to be a constructive trustee and, thereby, impose the liabilities of an actual trustee in accounting for his or her acts.

^ A tort is a civil wrong committed against...remedy for the wrong is pursued.
  • tort law - Books, journals, articles @ The Questia Online Library 12 January 2010 10:010 UTC www.questia.com [Source type: Academic]

.But for this rule corporations could not be liable for any negligence of their servants, however disastrous to innocent persons, except so far as it might happen to constitute a breach of some express undertaking.^ Some of the types of torts include trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress.
  • Tort Law Law & Legal Definition 12 January 2010 10:010 UTC definitions.uslegal.com [Source type: FILTERED WITH BAYES]

^ Content The unit of study will examine the principles of negligence and its role in allocating liability for personal injuries and economic loss.
  • TORTS 25 September 2009 5:36 UTC wcf.vu.edu.au [Source type: Academic]

^ The second part ('Requirements of Liability') analyses and compares the requirements for liability in the various tort law systems: protected interests, negligence and unlawfulness, breach of statutory duty, stricter rules of liability, causation, damage, damages and contributory negligence.
  • OUP: van Dam: European Tort Law - Oxford University Press 12 January 2010 10:010 UTC www.oup.com [Source type: FILTERED WITH BAYES]

.We have spoken of the rule as universal, but, in the case of one servant of the same employer being injured by the default of another, an unfortunate aberration of the courts, which started about two generations ago from small beginnings, was pushed to extreme results, and led to great hardship.^ In general when a person is injured as a result of another person's negligence the injured party … more .
  • Tort Law | Tort Law Information - LawInfo 25 September 2009 5:36 UTC www.lawinfo.com [Source type: News]

^ We posted about this same issue two years ago ( here and here ).
  • RiskProf : Tort Reform 12 January 2010 10:010 UTC riskprof.typepad.com [Source type: FILTERED WITH BAYES]

^ Although the subject matter of the case will be the same, we will seek results that are personalized to the needs of each of the participants.
  • Nationwide Mass Tort Litigation Lawyer | Houston Texas Product Liability Attorney | United States, California, US 12 January 2010 10:010 UTC www.blizzardlaw.com [Source type: News]

.A partial remedy was applied in 1880 by the Employers' Liability Act; and in 1897 a much bolder step was taken by the Workmen's Compensation Act (superseded by a more comprehensive act in 1906).^ Subrogation claims -- Pursuant to the Oklahoma Governmental Tort Claims Act, the City is not liable for damages if an insurance company pays your claim and then seeks reimbursement from the City or you were covered by your employers workers' compensation insurance at the time of your injury.

^ Search more If someone injures you, ruins your reputation or damages your property, tort law is the area of civil law that can provide you with compensation or remedy.
  • What is a Tort? - Associated Content - associatedcontent.com 12 January 2010 10:010 UTC www.associatedcontent.com [Source type: General]

^ If a private citizen committing the same act would be liable under tort law, the federal government can also be held liable, unless certain limitations stated in the act apply.
  • Federal Tort Claims Act – Attorneys in Austin, Texas 12 January 2010 10:010 UTC www.austintriallaw.com [Source type: Original source]

.But, as the common law and the two acts (which proceed on entirely different principles) cover different fields, with a 'good deal of overlapping, and the acts are full of complicated provisos and exceptions, and contain very special provisions as to procedure, the improvement in substantial justice has been bought, so far, at the price of great confusion in the form of the law, and considerable difficulty in ascertaining what it is in any but the most obvious cases.^ Was Tort law The Trade Practices Act implies terms into all sales contracts for the goods to be of "merchantable quality" and to be "reasonably fit" for their intended purpose.
  • Questions about Tort Law - Ask.com 12 January 2010 10:010 UTC www.ask.com [Source type: Original source]

^ He then proceeds to demonstrate the various facets of tort, definitions, examples, case law, decisions, ratio and inconsistencies.
  • Tort 12 January 2010 10:010 UTC www.malet.com [Source type: Academic]

^ Since this is already quite a long section, it does not deal to any great extent with the many difficult theoretical issues raised by the award of damages, and in particular by the courts' adherence to the principle of full compensation.

.The Workmen's Compensation Act includes cases of pure accident, where there is no fault at all, or none that can be proved, and therefore goes beyond the reasons of liability with which the law of torts has to do.^ There is no excuse for not knowing the law.
  • Tort | Law Made Easy 12 January 2010 10:010 UTC www.apaeat.org [Source type: Original source]

^ Now I have no reasons not to be out there.
  • Think Progress » Giuliani: Without tort reform, health care can only save money by ‘pulling the plug on grandma.’ 12 January 2010 10:010 UTC thinkprogress.org [Source type: General]

^ Does this mean there's no case against the tort system?
  • How to Fix The Tort System 12 January 2010 10:010 UTC www.businessweek.com [Source type: FILTERED WITH BAYES]

.In fact, it establishes a kind of compulsory insurance, which can be justified only on wider grounds of policy.^ The only kind of tort reform that makes sense is tort reform in favor of the consumer, not tort reform that favors either practitioners or insurance companies.
  • Think Progress » Giuliani: Without tort reform, health care can only save money by ‘pulling the plug on grandma.’ 12 January 2010 10:010 UTC thinkprogress.org [Source type: General]

^ Once it is established that the decision is of the kind that brings in the discretionary function exception, the second prong will only be satisfied "if the action challenged in the case involves the permissible exercise of policy judgment."
  • Federal Tort Claims Act: An Overview by Michael E. Quinton 12 January 2010 10:010 UTC www.quintonpetix.com [Source type: Original source]

^ The firm also assists its clients in securing necessary medical care, by establishing that treatment is covered under clients' medical insurance policies and group plans.
  • Toxic Tort FAQ, What Is A Toxic Tort Definition, Toxic Tort Cases :.: Metzger Law Group 12 January 2010 10:010 UTC www.toxictorts.com [Source type: Academic]

.A novel and extraordinary exception to the rule of responsibility for agents was made in the case of trade combinations by the Trade Disputes Act 1906. This has no interest for law as a science.^ Was Tort law The Trade Practices Act implies terms into all sales contracts for the goods to be of "merchantable quality" and to be "reasonably fit" for their intended purpose.
  • Questions about Tort Law - Ask.com 12 January 2010 10:010 UTC www.ask.com [Source type: Original source]

^ Good, a cigarette advertising case, the U.S. Supreme Court ruled that a group of Maine citizens could proceed against Altria's Philip Morris unit under state unfair-trade laws even through cigarette labeling is regulated by the federal Cigarette Labeling and Advertising Act.

^ Formerly the law was rigid and the rule that 'the king can do no wrong' prevented any recovery for damages caused by the 'king's servants' !
  • McKimmey Law Office, Shawnee, Oklahoma. tort claims, civil rights, false arrest, probate, wills, trusts, adoptions, guardianships, divorce, litigation, estates, probate 12 January 2010 10:010 UTC mckimmey.home.att.net [Source type: Original source]

.There are kinds of cases, on the other hand, in which the law, without aid from legislation, has imposed on occupiers and other persons in analogous positions a duty stricter than that of being answerable for themselves and their servants.^ Legislation and Case law .

^ Every person is expected to conduct themselves without injuring others.

^ Published 2/22/2008 More Corporate Tort Reform Laws Passed Laws are being passed all the time without the public's knowledge.
  • What is a Tort? - Associated Content - associatedcontent.com 12 January 2010 10:010 UTC www.associatedcontent.com [Source type: General]

Duties of this kind have been called " duties of insuring safety." .Generally they extend to having the building, structure, or works in such order, having regard to the nature of the case, as not to create any danger to persons lawfully frequenting, using, or passing by them, which the exercise of reasonable care and skill could have avoided; but in some cases of " extra-hazardous " risk, even proof of all possible diligence - according to English authority, which is not unanimously accepted in America - will not suffice.^ Some activities create such grave risks that the defendant may be strictly liable even when he has exercised the utmost care.
  • Torts Law Capsule Summary - Chapter 16 25 September 2009 5:36 UTC www.lexisnexis.com [Source type: FILTERED WITH BAYES]

^ Negligence is a failure to exercise reasonable care to avoid injuring others.

^ Therefore, we refer to Michigan case law for some examples used in this Consumer Guide .
  • Limited Tort vs Full Tort - Pennsylvania Auto Insurance 25 September 2009 5:36 UTC www.edgarsnyder.com [Source type: News]
  • Limited Tort vs Full Tort - Pennsylvania Auto Insurance 12 January 2010 10:010 UTC www.edgarsnyder.com [Source type: News]

.There has lately been a notable tendency to extend these principles to the duties incurred towards the public by local authorities who undertake public works.^ The public duty doctrine was not violated because there was no special duty owed to the home owner.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ In this case the House of Lords held that a local authority owes no duty of care in negligence to children in respect of its statutory obligations towards them.  .

^ Good or bad, there are those who are profiting from the value drops of any public firm.
  • Tort - Associated Content - Topic - associatedcontent.com 25 September 2009 5:36 UTC www.associatedcontent.com [Source type: General]

.Positive duties created by statute are on a similar footing, so far as the breach of them is capable of giving rise to any private right of action.^ A breach of this duty of reasonable settlement gives rise to tort damages.
  • No Tort Damages For Non 12 January 2010 10:010 UTC www.zalma.com [Source type: Original source]

^ To give rise to a legal claim in negligence, an act (or inaction) must satisfy four elements: there must be a legal duty of care to another person; there must be a breach of that duty; the claimant must have suffered damages, and the damages must have been proximately caused by the breach of duty.
  • Legal Affairs - Tort Liability 12 January 2010 10:010 UTC www.ncsu.edu [Source type: Original source]

^ The law often gives individuals and groups the right to bring legal actions to enforce the protections or demand revisions of private and public activity that may have detrimental effects on the environment.
  • Texas Environmental Law Attorneys | Toxic Tort Lawsuit | White-Shaver PC 12 January 2010 10:010 UTC www.whiteshaverlaw.com [Source type: FILTERED WITH BAYES]

.The classification of actionable wrongs is perplexing, not because it is difficult to find a scheme of division, but because it is easier to find many than to adhere to any one of them.^ Like so many things, however, the concept of tort reform is easier to talk about than to incorporate into one's own life.
  • When Tort Reformers Slip And Fall | Mother Jones 12 January 2010 10:010 UTC motherjones.com [Source type: General]

^ Calnan contends that many legal historians do perfunctory or purposive histories rather than comprehensive ones, and they are doomed to failure because of inadequate methodologies.
  • A Revisionist History of Tort Law: From Holmesian Realism to Neoclassical Rationalism. 12 January 2010 10:010 UTC www.bsos.umd.edu [Source type: Original source]
  • Law & Politics Book Review: Reviews Home 20 September 2009 13:29 UTC www.bsos.umd.edu [Source type: Original source]

^ Because Congress now pays for more than 40% of all healthcare in our country, it has the power to make many of the rules relating to federal healthcare programs.
  • Tort Reform: Our Permanent Issue 12 January 2010 10:010 UTC www.medscape.com [Source type: FILTERED WITH BAYES]

.We may start either from the character of the defendant's act or omission, with regard to his knowledge, intention and otherwise; or from the character of the harm suffered by the plaintiff.^ The character of the defendant's act.

^ These individual plaintiffs may recover compensation for medical expenses, pain and suffering and lost income.
  • Mass Tort Litigation | Product Liability Attorneys 12 January 2010 10:010 UTC iqpersonalinjury.com [Source type: General]

^ Or, to put it another way, torts are civil cases in which an act, intentional or otherwise, has caused injury (physical, mental or monetary).
  • What is Tort Reform? « Mesothelioma Legal Blog 12 January 2010 10:010 UTC www.seglaw.com [Source type: FILTERED WITH BAYES]

.Whichever of these we take as the primary line of distinction, the results can seldom be worked out without calling in the other.^ Although she had been credited with assisting law enforcement as a psychic, the judge threw out her claim for loss of income resulting from her inability to continue to work as a psychic because of her headaches.
  • Reagan’s Famous Pop Tort | Tortdeform 25 September 2009 5:36 UTC www.tortdeform.com [Source type: General]

^ National reform along these lines would win the goodwill of doctors and could be implemented without extensive feasibility testing.
  • Experiments in Tort Reform - Prescriptions Blog - NYTimes.com 12 January 2010 10:010 UTC prescriptions.blogs.nytimes.com [Source type: FILTERED WITH BAYES]

^ However, if you practice anywhere other than these six states, you may want to take a few minutes to peruse this article.
  • UO > Malpractice Guide > A Tort Reform Example 12 January 2010 10:010 UTC www.uoworks.com [Source type: FILTERED WITH BAYES]

.Taking first the defendant's position, the widest governing principle is that, apart from various recognized grounds of immunity, a man is answerable for the " natural and probable " consequences of his acts; i.e. such consequences as a reasonable man in his place should have foreseen as probable.^ You must take reasonable care to avoid acts or ommisions which you can reasonably foresee would be likely to injure your neighbour."
  • Tort & Personal Injury 12 January 2010 10:010 UTC www.duhaime.org [Source type: Original source]

^ Why is a man not responsible for the consequences of an act innocent in its direct and obvious effects, when those consequences would not have followed but for the intervention of a series of extraordinary, although natural, events?
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ Settlement talks continue, and more settlements could result before the first trial ever takes place, Mr. Migliori said.

Still more is he answerable for what he did actually foresee and intend. .Knowledge of particular facts may be necessary to make particular kinds of conduct wrongful.^ It provides a means whereby compensation, usually in the form of damages , may be paid for injuries suffered by a party as a result of the wrongful conduct of others."
  • Legal Dictionary 12 January 2010 10:010 UTC www.duhaime.org [Source type: Original source]

^ The jury may make greater awards if it determines that the tortfeasor's conduct was motivated by financial gain and that the tortfeasor knew of the consequences of its conduct.
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

^ True innuendo arises from words which appear innocuous, but may be understood to be disparaging of the plaintiff by third parties who have knowledge of special facts which are not generally known.
  • Singapore Law on Econonmic Torts 25 September 2009 5:36 UTC www.singaporelaw.sg [Source type: Original source]

.Such is the rule in the case of fraud and other allied wrongs, including what is rather unhappily called " slander of title," and what is now known as " unfair competition " in the matter of trade names and descriptions, short of actual piracy of trade-marks.^ Also known as: Suggest other titles for this film .
  • Tort Law Terms (Money & Careers: Tort Law) 12 January 2010 10:010 UTC www.videojug.com [Source type: FILTERED WITH BAYES]

^ It also has special units, such as the Early Intervention Unit, which seeks to resolve meritorious cases as quickly and economically as possible; the Special Litigation Unit, which handles high-exposure cases and unusually controversial matters; the World Trade Center Unit, which handles cases arising from the Sept.
  • Law Department - Tort 12 January 2010 10:010 UTC www.nyc.gov [Source type: News]

^ Other types of cases included those that are a primary focus of current tort reform activity: product liability (3%), toxic substance (2%), and medical malpractice cases (5%).
  • Tort Cases In Large Counties 12 January 2010 10:010 UTC www.lectlaw.com [Source type: FILTERED WITH BAYES]

.But where an absolute right to security for a man's person, reputation or goods is interfered with, neither knowledge nor specific intention need be proved.^ Victims need powerful attorney representation to ensure that their rights are protected and that they are justly compensated for damages associated with this type of egregiously unjust personal injury .
  • Lancaster Toxic Torts Attorneys / Lawyers Serving Palmdale, Santa Clarita, Antelope Valley 25 September 2009 5:36 UTC www.rrexparris.com [Source type: FILTERED WITH BAYES]

^ The person inflicting the the harm is called the tortfeasor Tort law considers the rights and remedies available to persons injured through other people's carelessness or intentional misconduct.

^ Discretionary Function Exception Among the exceptions to the FTCA most frequently applied are the "discretionary function" exception, 28 U.S.C. § 2680(a), and the exceptions for several specific kinds of torts, including intentional torts such as libel, slander, misrepresentation, deceit, and interference with contract rights.
  • Federal Tort Claims Act: An Overview by Michael E. Quinton 12 January 2010 10:010 UTC www.quintonpetix.com [Source type: Original source]

.In these cases we trespass altogether at our peril.^ Our understanding of science and medicine, which are key to the defense of these cases, allows us effectively to present our clients defense.
  • Phelps Dunbar LLP: Description 12 January 2010 10:010 UTC www.phelpsdunbar.com [Source type: Reference]

^ Our cases concerning these and other toxic materials have helped us develop important technical experience and contacts in the medical and scientific communities.
  • Baker Hostetler | Practice Strengths | Litigation | Product Liability and Toxic Tort 12 January 2010 10:010 UTC www.bakerlaw.com [Source type: FILTERED WITH BAYES]

^ As with most litigation, our attorneys strive to locate and work with the most appropriate and qualified expert witnesses to address the complex issues involved in these cases.
  • Gordon & Rees LLP :: Tort & Product Liability Practice 12 January 2010 10:010 UTC www.gordonrees.com [Source type: FILTERED WITH BAYES]

.It is in general the habit of the law to judge acts by their apparent tendency, and not by the actor's feelings or desires.^ Compensatory damages for death: General principles; Fatal Accidents Act; and Law Reform (Miscellaneous Provisions) Act.

^ The law provides that a person has intent if he or she desires to cause the consequences of his or her act, or believes that the consequences are substantially certain to result from the act.
  • Tort - MSN Encarta 25 September 2009 5:36 UTC encarta.msn.com [Source type: Original source]

.I cannot excuse myself by good motives for infringing another man's rights, whatever other grounds of excuse may be available; xxvrr.^ You may not agree, but you can hardly argue the content is thoughtful and focused on the rights of the common working man and woman.

^ The defendants may have a right to seek contribution for a proportionate share from the other defendants, but from the plaintiff’s point of view, the plaintiff has a choice as to whether to seek recovery from any of the defendants or all of the defendants and to enforce the judgment against any or all.
  • Stimmel, Stimmel & Smith: Legal Articles 25 September 2009 5:36 UTC www.stimmel-law.com [Source type: Original source]

^ A property right has as its defining characteristic that its owner may not be forcibly dispossessed merely because a third party finds that the property has another, more valuable use.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

.3 and it is now settled conversely, though after much doubt, that an act not otherwise unlawful is not, as a rule, made unlawful by being done from an evil motive.^ The virtue of the negligence rule is that it respects man's character as a moral animal, free to act but obliged to do so with as much concern for his neighbor's welfare as for his own.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ If the Alaska Supreme Court had ruled otherwise, the non-settling defendant would have had the benefit of using the 1986 Tort Reform Act to reduce its contribution payment, even though the plaintiff and the settling defendant seemed to have formed an agreement based on the belief that the pre-1986 Tort Reform Act contribution requirements would apply to all parties.
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

^ Jackson could not establish actual malice by the reporters even though one of them had doubts about the truth of the matter being reported.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

.This rule was known some time ago to apply to the exercise of rights of property, and such speculative doubt as remained was removed by the decision of the House of Lords in the leading case of Allen v.^ In some countries, strict liability is the rule in certain product liability cases, on the theory that only strict liability can force manufacturers to always pursue the safest possible design.
  • Law School Exams, sample answers, flashcards and outlines -- LawExams.com 12 January 2010 10:010 UTC www.lawexams.com [Source type: Original source]

^ The House of Lords established that while it is foreseeable that investors may use published accounts to make investment decisions, the accountants who produced such accounts would not be liable for losses as a result of the accounts being wrong.

^ This meant that the House of Lords considered only the issue of legal liability (the H of L referred the issue of factual liability back to the court, in which the case was started, so they can determine the facts within the case - e.g.

Flood
(1898, A.C. 1). .We now know that it applies to the exercise of all common rights.^ Do you think 250k is acceptable compensation for now having no legs, instead of 1, because the doctor doesn't know right from left?
  • CNSNews.com - Howard Dean: Democrats Left Tort Reform Out of Health Care Bill Because They Feared 'Taking On' Trial Lawyers 12 January 2010 10:010 UTC www.cnsnews.com [Source type: News]

^ There was no common law right of action against the city, as it was merely exercising its proper authority.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ Fortunately I’m not in the midst of any serious medical problem right now but we all will have them some day unless we just quickly drop dead.
  • Tort Reform : Day On Torts 25 September 2009 5:36 UTC www.dayontorts.com [Source type: FILTERED WITH BAYES]

.The exceptions are very few, and must be explained by exceptional reasons.^ To address this issue we must try to clarify the reasons given for tort reform and explain either why they do not apply to the abortion industry or why there must be an exception with regard to this industry.
  • SHOULD ABORTIONISTS BE EXCLUDED FROM TORT REFORM? 12 January 2010 10:010 UTC www.afterabortion.org [Source type: Original source]

.Indeed, only two are known to the present writer - malicious prosecution, and the misuse of a " privileged occasion " which would justify the communication of defamatory matter if made in good faith.^ A group of ordinary Americans form your own community decides the issue (after being presented the case by two trial lawyers representing each side).
  • On Tort Reform, the Kiwis Have Some Good Ideas - The Gaggle Blog - Newsweek.com 12 January 2010 10:010 UTC blog.newsweek.com [Source type: FILTERED WITH BAYES]

^ Executive matters – this generally covers communications made by ministers and civil servants relating to state affairs.
  • Singapore Law on Econonmic Torts 25 September 2009 5:36 UTC www.singaporelaw.sg [Source type: Original source]

^ Suit for defamation against employer may proceed to determine if employer acted in good faith in reporting the matter to the police.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

.In each case the wrong lies in the deliberate perversion of a right or privilege allowed for the public good, though the precise extent of the analogy is not certain at present.'^ In some cases the courts will not allow you to be personally sued under non-tort theories if you were acting in good faith in your employment capacity.
  • Legal Affairs - Tort Liability 12 January 2010 10:010 UTC www.ncsu.edu [Source type: Original source]

^ It was said to be contrary to public policy to allow clients to sue barristers because the original case would effectively be re-opened at the subsequent court hearing.  .

^ David Schwartz ( mail ): DMN: Your example is good to show what's wrong, but I think mine is closer to the instant case.
  • The Volokh Conspiracy - Tort Liability: 12 January 2010 10:010 UTC volokh.com [Source type: Original source]

.It must be remembered, however, that the presence or absence of personal ill will, and the behaviour of the parties generally, may have an important effect, when liability is proved or admitted, in mitigating or aggravating the amount of damages awarded by juries and allowed by the court to be reasonable.^ European courts do not allow punitive damages.
  • CNN.com - Tort reform important to U.S. future - Jan 6, 2005 12 January 2010 10:010 UTC www.cnn.com [Source type: News]

^ Aggravated Damages 21.7.22 Aggravated damages may be awarded in appropriate cases.
  • Singapore Law on Econonmic Torts 25 September 2009 5:36 UTC www.singaporelaw.sg [Source type: Original source]

^ The main elements of contemporary tort reform for medical malpractice liability, however, rightly focus on creating a climate that, while allowing for legitimate and equitable resolution of acts of medical negligence, overlays a blanket of reasonableness in all phases of the legal process and for all parties.
  • UO > Malpractice Guide > A Tort Reform Example 12 January 2010 10:010 UTC www.uoworks.com [Source type: FILTERED WITH BAYES]

.It may likewise be noted, by way of caution, that some problems of criminal law, with which we are not here concerned, require more subtle consideration.^ [FN19] Tort law is in some ways more like criminal law than contract law.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ Note, by the way, that I am assuming the burden of proof here - all you have to do is commit to a criterion for testing.
  • A Revealing Comment on Tort Reform 12 January 2010 10:010 UTC www.uwgb.edu [Source type: Original source]

^ To read more about this piece of nursing home legislation that may bring a change to Illinois nursing home residents click here .
  • Tort Reform :: Illinois Nursing Home Abuse Blog 12 January 2010 10:010 UTC blog.levinperconti.com [Source type: News]

.However, it is hardly ever safe to assume that the bounds of civil and criminal liability will be found coextensive.^ Whereas in criminal law the plaintiff is always the state and the defendant, if found guilty of a crime, is punished by the state, in civil law the dispute is typically between private parties.
  • Personal Injury and Torts - Guide to Personal Injury and Torts Law 12 January 2010 10:010 UTC www.hg.org [Source type: FILTERED WITH BAYES]

^ If, however, a defendant is found to have harmed the plaintiff by certain kinds of intentional (usually criminal) acts, there is no limit on punitive damages.
  • TORT REFORM IN TEXAS | Texans for Lawsuit Reform 12 January 2010 10:010 UTC www.tortreform.com [Source type: Original source]

.Perhaps we may go so far as to say that a man is neither civilly nor criminally liable for a mere omission (not being disobedience to a lawful command which he was bound to obey), unless he has in some way assumed a special duty of doing the act omitted.^ The answer seems to be - persons who are so directly affected by my act that I ought reasonably to have them in contemplation as being affected when I am directing my mind to the acts or omissions which are called in question."

^ Having said that, many jurisdictions retain a punitive element as a part of the law of tort via exemplary damages , and some torts may have a public element, for example public nuisance , with actions being maintained by a public body.
  • Law School Exams, sample answers, flashcards and outlines -- LawExams.com 12 January 2010 10:010 UTC www.lawexams.com [Source type: Original source]

^ A tort is a breach of duty , potentially owed to the whole world, imposed by law, whereas in contract, individuals agree to be bound by a set of rules (the contract).
  • Law School Exams, sample answers, flashcards and outlines -- LawExams.com 12 January 2010 10:010 UTC www.lawexams.com [Source type: Original source]

.We have already had to mention the existence of grounds of immunity for acts that would otherwise be wrongful.^ They will accept a jury acting unfairly by giving too low an award of damages - otherwise they would set a floor on damages.
  • Tort Reform : Day On Torts 25 September 2009 5:36 UTC www.dayontorts.com [Source type: FILTERED WITH BAYES]

.Such grounds there must be if the law is to be enforced and justice administered at all, and if the business of life is to be carried on with any freedom.^ "There is unquestionably a greater number of business cases before the court, and [the justices] are quite willing to limit damage remedies."
  • Tort Reform - Wikiality, the Truthiness Encyclopedia 12 January 2010 10:010 UTC wikiality.wikia.com [Source type: News]

^ But there are certain principles in which all agree, and which all cherish as vitally essential to the protection of the life, liberty , property, and safety of the citizen: ....
  • Tort Reform Is A Bad Idea For Consumers And Removes Judiciary Constitutional Protection 12 January 2010 10:010 UTC www.garyeto.com [Source type: Original source]

^ TTP's approach is akin to estimating the cost of the criminal justice system by counting all of the costs of crime, rather than the lesser costs of law enforcement, the judiciary, and the prison system.
  • The frivolous case for tort law change: Opponents of the legal system exaggerate its costs, ignore i 12 January 2010 10:010 UTC www.epi.org [Source type: FILTERED WITH BAYES]

.Roughly speaking, we find in these cases one of the following conditions: Either the defendant was executing a lawful authority; or he was justified by extraordinary necessity; or he was doing something permitted by legislation for reasons of superior utility, though it may produce damage to others, and either with or without special provisions for compensating damage; or he was exercising a common right in matters open to free use and competition; or the plaintiff had, by consent or otherwise, disabled himself from having any grievance.^ By force or threat of force without the consent of the other or .
  • Tort liability considerations in Domestic Violence Cases. 12 January 2010 10:010 UTC www.peoples-law.org [Source type: Original source]

^ One finding that may be surprising: .

^ In other words, using them without the person's consent is a violation.

.Pure accident will hardly seem to any one who is not a lawyer to be a special ground of exemption, the question being rather how it could ever be supposed to be a ground of liability.^ One huge area of the world of torts is product liability, where people who get hurt claim that it was the fault of products they were using.

^ The answer seems to be - persons who are so directly affected by my act that I ought reasonably to have them in contemplation as being affected when I am directing my mind to the acts or omissions which are called in question."

^ In addition, the lawyers who work in this area are familiar with and are in contact with expert witnesses who are available to consult on the claims being made.
  • HeplerBroom LLC Law Firm - Illinois Toxic Tort - Missouri Toxic Tort 12 January 2010 10:010 UTC www.ilmolaw.com [Source type: Academic]

.But it was supposed so by many lawyers down to recent times; the reason lying in a history of archaic ideas too long to be traced here.^ In many of our recent legislative battles, trial lawyers and insurance companies have been able to hire numerous lobbyists, more than we could afford.
  • The story behind tort reform success in Texas 12 January 2010 10:010 UTC www.physiciansnews.com [Source type: FILTERED WITH BAYES]

^ The steady drumbeat of problems has prompted many physicians, lawyers, and politicians to support the idea of special health courts.
  • How to Fix The Tort System 12 January 2010 10:010 UTC www.businessweek.com [Source type: FILTERED WITH BAYES]

^ Maybe the REAL reason tort reform wasn't addressed in the communist's healthcare takeover is because many of them ARE lawyers, and the rest of them receive huge campaign contributions FROM lawyers.
  • CNSNews.com - Howard Dean: Democrats Left Tort Reform Out of Health Care Bill Because They Feared 'Taking On' Trial Lawyers 12 January 2010 10:010 UTC www.cnsnews.com [Source type: News]

.Exercise of common rights is the category where most difficulty arises.^ There was no common law right of action against the city, as it was merely exercising its proper authority.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

Here, in fact, the point at which a man's freedom is limited by his neighbour's has to be fixed by a sense of policy not capable of formal demonstration.
.As Justice Holmes of the Supreme Court of the United States has said, we allow unlimited trade competition (so long as it is without fraud) though we know that many traders must suffer, and some may be ruined by it, because we hold that free competition is worth more to society than its costs.^ The state Supreme Court vacated the verdict.
  • No Tort Damages For Non 12 January 2010 10:010 UTC www.zalma.com [Source type: Original source]

^ Some people will have more than $1 million or $2 million worth of damages," Shapiro said.
  • National Journal Online - Health Care Push Revives Tort Reform Debate 12 January 2010 10:010 UTC www.nationaljournal.com [Source type: News]

^ The public may have more appetite for the public option than many in Congress do.
  • Would Tort Reform Lower Costs? - Prescriptions Blog - NYTimes.com 12 January 2010 10:010 UTC prescriptions.blogs.nytimes.com [Source type: FILTERED WITH BAYES]
  • Experiments in Tort Reform - Prescriptions Blog - NYTimes.com 12 January 2010 10:010 UTC prescriptions.blogs.nytimes.com [Source type: FILTERED WITH BAYES]

.A state with different economic foundations might have a different law on this, as on many other points.^ At that point Proposition 103, regulating medical malpractice and many other forms of insurance, was placed on the ballot and approved by voters in 1988.
  • Bob Williams: The holy grail of tort reform» Redding Record Searchlight 12 January 2010 10:010 UTC www.redding.com [Source type: General]

^ For doctors, the situation was a little different – many who were inside the state were getting out as fast as they could.
  • Mississippi's Tort Reform Triumph - WSJ.com 12 January 2010 10:010 UTC online.wsj.com [Source type: News]

^ Societies with many different points of view have organized, however, for a much larger reason: societies have arbitrated between good and bad!
  • Think Progress » Giuliani: Without tort reform, health care can only save money by ‘pulling the plug on grandma.’ 12 January 2010 10:010 UTC thinkprogress.org [Source type: General]

.This freedom extends not only to the exercise of one's calling, but to choosing with whom and under what conditions one will exercise it.^ Tort law determines what comprises a legal injury, and also sets up the conditions under which one individual may be held responsible for the injury of other person.

^ But see BORK, THE TEMPTING OF AMERICA, 8 (1989) ("One of the freedoms, the major freedom, of our kind of society is the freedom to choose to have a public morality").
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

^ Now, it is impossible to do this if you are the only one as then there is constraint of constant call, etc.
  • Tort Reform : Day On Torts 25 September 2009 5:36 UTC www.dayontorts.com [Source type: FILTERED WITH BAYES]

.Also the law will not inquire with what motives a common right is exercised; and this applies to the ordinary rights of an owner in the use of his property ' It was formerl y supposed that an action by a party to a contract against a third person for procuring the other party to break his contract was within the same class, i.e. that malice must be proved.^ By a third person against lessee.
  • Remedies for Torts 25 September 2009 5:36 UTC www.beardbooks.com [Source type: Reference]

^ Any action must be against the employer.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ Of master against third person.
  • Remedies for Torts 25 September 2009 5:36 UTC www.beardbooks.com [Source type: Reference]

But since Allen v. Flood, and the later decision of the House of Lords in Quinn v. Leathern (1901, A.C. 495), this view seems untenable. The ground of action is the intentional violation of an existing legal right; which, however, since 1906, may be practised with impunity in the United Kingdom " in contemplation or furtherance of a trade dispute ": Trade Disputes Act, § 3.
as well as to the right of every man to carry on his business.' .Owners and occupiers of immovable property are bound, indeed, to respect one another's convenience within certain limits.^ Immunity for certain property owners .
  • Bricker & Eckler LLP: Tort Reform in Ohio: 2004-2007 12 January 2010 10:010 UTC www.bricker.com [Source type: Original source]

^ How can someone dispute that a plaintiff in one state suing a defendant in another state for substatial monetary damages is interestate commerce within the meaning of the US Constitution?
  • Hot Air » Blog Archive » CBO: Tort reform would reduce deficit by $54 billion 12 January 2010 10:010 UTC hotair.com [Source type: General]

^ The Exchequer Chamber found liability, imposing strict liability upon one who introduces a hazardous condition upon his property that, upon its escape, causes harm to another.
  • Torts Law Capsule Summary - Chapter 16 25 September 2009 5:36 UTC www.lexisnexis.com [Source type: FILTERED WITH BAYES]

.The maxim or precept Sic utere tuo ut alienum non laedas does not mean that I must not use my land in any way which can possibly diminish the profit or amenity of my neighbour's.^ Conspiracy by Unlawful Means 21.4.5 A conspiracy using unlawful means is unlike the simple conspiracy to injure in two ways: first, it is characterised by the use of unlawful means; and secondly, while it requires proof of the conspirators’ intention to harm the victim, such intention does not have to be their predominant motive.
  • Singapore Law on Econonmic Torts 25 September 2009 5:36 UTC www.singaporelaw.sg [Source type: Original source]

^ That way my company is more profitable and I can make more money.
  • Experiments in Tort Reform - Prescriptions Blog - NYTimes.com 12 January 2010 10:010 UTC prescriptions.blogs.nytimes.com [Source type: FILTERED WITH BAYES]

^ In a simple way, it is like your personal financial situation - the fact that you have a positive net worth does not mean you can or should quit working.
  • Tort Reform : Day On Torts 25 September 2009 5:36 UTC www.dayontorts.com [Source type: FILTERED WITH BAYES]

That would be false. .It is a warning that both his rights and mine extend beyond being free from actual unlawful entry, and that if either of us takes too literally the more popular but even less accurate maxim, " Every man may do as he will with his own," he will find that there is such a head of the law as nuisance.^ There is no such "fundamental right."
  • The Volokh Conspiracy - Tort Liability: 12 January 2010 10:010 UTC volokh.com [Source type: Original source]

^ Lessons to develop such a system may be drawn from, or find useful analogs in, early warning and monitoring systems as diverse as those for natural disaster prevention or the stock market.
  • Predicting Future Tort Litigation 12 January 2010 10:010 UTC www.piercelaw.edu [Source type: Academic]

^ Particular care has been to take account of the most recent commentaries on tort law, such as the growing importance of the Restatement (Third) of Torts.
  • SSRN-Tort Law: Cases, Perspectives, and Problems by Thomas Galligan, Phoebe Haddon, Frank L. Maraist, Frank McClellan, Michael Rustad, Nicolas Terry, Stephanie Wildman 12 January 2010 10:010 UTC ssrn.com [Source type: Academic]

.From the point of view of the plaintiff, as regards the kind of damage suffered by him, actionable wrongs may be divided into four groups.^ If Bork can credibly show that the Yale Club breached its duty of care owed to him, an invitee, then he may collect the damages he has incurred, i.e., medical costs, suffering and pain, in whatever amount the jury deems just.
  • Think Progress » Tort reformer Robert Bork sues Yale Club. 12 January 2010 10:010 UTC thinkprogress.org [Source type: General]

^ The defendants may have a right to seek contribution for a proportionate share from the other defendants, but from the plaintiff’s point of view, the plaintiff has a choice as to whether to seek recovery from any of the defendants or all of the defendants and to enforce the judgment against any or all.
  • Stimmel, Stimmel & Smith: Legal Articles 25 September 2009 5:36 UTC www.stimmel-law.com [Source type: Original source]

^ Therefore, if a jury finds that the economic damages (such as property damage, medical bills, and lost wages) suffered by a plaintiff are $1,000,000, then the maximum punitive damages allowed in that case are $2,000,000.
  • TORT REFORM IN TEXAS | Texans for Lawsuit Reform 12 January 2010 10:010 UTC www.tortreform.com [Source type: Original source]

.We have some of a strictly personal kind; some which affect ownership and rights analogous to ownership; some which extend to the safety, convenience and profit of life generally - in short, to a man's estate in the widest sense; and some which may, according to circumstances, result in damage to person, property or estate, any or all of them.^ General rule of damages; value of the property, &c.
  • Remedies for Torts 25 September 2009 5:36 UTC www.beardbooks.com [Source type: Reference]

^ Involved property damage and personal injuries.
  • Baker Hostetler | Practice Strengths | Litigation | Product Liability and Toxic Tort 12 January 2010 10:010 UTC www.bakerlaw.com [Source type: FILTERED WITH BAYES]

^ Previous cases have recognized that the due process clause generally confers no affirmative right to governmental aid, even where such aid may be necessary to secure life, liberty or property interests of which the government itself may not deprive the individual.
  • Tort and Section 1983 Actions Not the Same 12 January 2010 10:010 UTC firechief.com [Source type: Original source]

.Personal wrongs touching a man's body or honour are assault, false imprisonment, seduction or " enticing away " of members of his family.^ False imprisonment is the unlawful confinement of a person.
  • Tort liability considerations in Domestic Violence Cases. 12 January 2010 10:010 UTC www.peoples-law.org [Source type: Original source]

^ Examples of marital torts include: assault and battery; marital rape; Battered Woman's syndrome; wrongful death, intentional infliction of emotional distress; false imprisonment; use of excessive force; defamation; and wiretapping.
  • Divorce Source: New Jersey Marital Tort FAQs 12 January 2010 10:010 UTC www.divorcesource.com [Source type: FILTERED WITH BAYES]

^ Obviously this differs in each of the areas of assault, battery or false imprisonment.

Wrongs to property are trespass to land or goods, conversion" of goods (i.e. wrongful assumption of dominion over them), disturbance of easements and other individual rights in property not amounting to exclusive possession. Trespass is essentially a wrong to possession; but with the aid of actions " on the case " the ground has been practically covered. .Then there are infringements of incorporeal rights which, though not the subject of trespass proper, are exclusive rights of enjoyment and have many incidents of ownership.^ There was no common law right of action against the city, as it was merely exercising its proper authority.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ They were aware that their practice drew more customers, and if I remember right, there had been about 700 previous incidents warning them that their coffee was too hot.
  • The Becker-Posner Blog: Comment on Tort Reform-BECKER 12 January 2010 10:010 UTC www.becker-posner-blog.com [Source type: FILTERED WITH BAYES]

.Actions, in some cases expressly given by statute, lie for the piracy of copyright, patents and trade marks.^ In addition, the book details how and when to use injunctions and TROs in relation to asset protection; copyright, trademark, and patent infringement; and trade secrets.
  • Tort Trial & Insurance Practice Section 12 January 2010 10:010 UTC www.abanet.org [Source type: FILTERED WITH BAYES]

^ Given the facts of the case, there were torts of invasion of privacy and infliction of emotional distress, but public policy reflected in statutes does not translate into private action.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ In both cases, the defendants claimed that the plaintiffs' causes of action were barred by the six-year statute of repose dealing with actions against design professionals.
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

.Wrongs to a man's estate in the larger sense above noted are defamation (not a strictly personal wrong, because according to English common law the temporal damage, not the insult, is, rightly or wrongly, made the ground of action); deceit, so-called " slander of title " and fraudulent trade competition, which are really varieties of deceit; malicious prosecution; and nuisance, which, though most important as affecting the enjoyment of property, is not considered in that relation only.^ Joinder of slander and malicious prosecution 19.
  • Remedies for Torts 25 September 2009 5:36 UTC www.beardbooks.com [Source type: Reference]

^ In Singapore, the law on economic torts and defamation has its origins in English common law.
  • Singapore Law on Econonmic Torts 25 September 2009 5:36 UTC www.singaporelaw.sg [Source type: Original source]

^ As Professor Jane Larson reports in an article about the history of seduction laws, the tort of seduction was one of the most common civil actions toward the end of the nineteenth century, and fathers were often successful before juries.
  • FindLaw's Writ - Grossman: Is the Tort of Wrongful Seduction Still Viable? 12 January 2010 10:010 UTC writ.news.findlaw.com [Source type: Original source]

.Finally, we have the results of negligence and omission to perform special duties regarding the safety of one's neighbours or customers, or of the public, which may affect person, property, or estate generally.^ In 1984, the Court of Special Appeals interpreted the Lusby decision as meaning the following: that, on a case by case basis, the intentional infliction of a tort, involving property or personal injury, may give rise to a cause of action between spouses.
  • Tort liability considerations in Domestic Violence Cases. 12 January 2010 10:010 UTC www.peoples-law.org [Source type: Original source]

^ New Jersey high court held that one business could sue another for commercial defamation based on negative statements made to customers that were negligent.
  • SW Legal's Case Updates: Torts 25 September 2009 5:36 UTC www.swlearning.com [Source type: Original source]

^ They may result in any number of physical or emotion injuries and they also include injuries to property.
  • Divorce Source: New Jersey Marital Tort FAQs 12 January 2010 10:010 UTC www.divorcesource.com [Source type: FILTERED WITH BAYES]

.The law of wrongs is made to do a great deal of work which, in a system less dependent on historical conditions, we should expect to find done by the law of property.^ Depending on how such a system is structured, it might resemble an administrative law tribunal more than a traditional American court.
  • Experiments in Tort Reform - Prescriptions Blog - NYTimes.com 12 January 2010 10:010 UTC prescriptions.blogs.nytimes.com [Source type: FILTERED WITH BAYES]

^ Reforms to the legal tort system by making victims receive less compensation to pay for their doctors' mistakes have not worked.
  • Kentucky Law Review: Tort Deform/Reform 12 January 2010 10:010 UTC www.kentuckylawblog.com [Source type: FILTERED WITH BAYES]

^ Texas has made great improvement in its civil justice system, tort reform™s hardest work is ahead of it.
  • TORT REFORM IN TEXAS | Texans for Lawsuit Reform 12 January 2010 10:010 UTC www.tortreform.com [Source type: Original source]

.We can claim or reclaim our movable goods only by complaining of a wrong done to our possession or our right to possess.^ Our firm does not claim to represent plaintiffs in all of the lawsuits, settlements, and jury verdicts reported, only those noted as Levin & Perconti cases.

^ The Republican who contributes the most to our success in 2010 will have a good case to claim the Republican presidential nomination for 2012.
  • Hot Air » Blog Archive » Palin: No health-care reform without tort reform 12 January 2010 10:010 UTC hotair.com [Source type: General]

.There is no direct assertion of ownership like the Roman vindicatio. The law of negligence, with the refined discussions of the test and measure of liability which it has introduced, is wholly modern; and the same may be said of the present working law of nuisance, 1 The rule that a man's motives for exercising his common rights are not examinable involves the consequence that advising or procuring another, who is a free agent, to do an act of this kind can, a fortiori, not be an actionable wrong at the suit of a third person who is damnified by the act, and that whatever the adviser's motives may be.^ Another legislator may come to the same conclusion, but from another direction.
  • The story behind tort reform success in Texas 12 January 2010 10:010 UTC www.physiciansnews.com [Source type: FILTERED WITH BAYES]

^ There is no such "fundamental right."
  • The Volokh Conspiracy - Tort Liability: 12 January 2010 10:010 UTC volokh.com [Source type: Original source]

^ There is no single party that is right or wrong all the time.
  • A Revealing Comment on Tort Reform 12 January 2010 10:010 UTC www.uwgb.edu [Source type: Original source]

This appears to be included in the decision of the House of Lords in Allen v. .Flood. That decision, though not binding in any American court, is approved and followed in most American jurisdictions.^ The authors note, too, that damage caps are pretty much dead anyway as a legislative issue, either because most states have them or because of recent Supreme Court decisions.

^ It is a well established principle of Anglo-American jurisprudence that a lawsuit should be pursued in the court most convenient for a fair trial.
  • TORT REFORM IN TEXAS | Texans for Lawsuit Reform 12 January 2010 10:010 UTC www.tortreform.com [Source type: Original source]

^ Most countries follow the "English Rule," where the loser pays everyone's attorney fees and court costs.
  • Tort Reform: Our Permanent Issue 12 January 2010 10:010 UTC www.medscape.com [Source type: FILTERED WITH BAYES]

It is otherwise where a system of coercion is exercised on a man's workmen or customers in order to injure him in his business. .The extension of immunity to such conduct would destroy the value of the common right which the law protects: Quinn v.^ The reality is that tort law exists to protect the rights of individuals who have suffered injury as the result of the negligence or wrongdoing of another .
  • Defective Drug Information - Tort Reform: The Basics 12 January 2010 10:010 UTC www.adrugrecall.com [Source type: FILTERED WITH BAYES]

^ Any rule changes that protect doctors or drugmakers, by definition, would limit the rights of some victims.
  • How to Fix The Tort System 12 January 2010 10:010 UTC www.businessweek.com [Source type: FILTERED WITH BAYES]

^ During the last century, American common law developed a body of privacy-protecting theories that give people whose privacy has been invaded the right to sue and collect damages.
  • The Privacy Torts: How U.S. State Law Quietly Leads the Way in Privacy Protection 25 September 2009 5:36 UTC www.privacilla.org [Source type: Original source]

.Leathem. The coercion need not be physical, and the wrong as a whole may be made up of acts none of which faken alone would be a cause of action.^ While the acts of the doctor may impose some risk as an unwanted byproduct, overall the acts of the doctor reduce the risk of the patient, else he would not seek out medical care.
  • The Becker-Posner Blog: Comment on Tort Reform-BECKER 12 January 2010 10:010 UTC www.becker-posner-blog.com [Source type: FILTERED WITH BAYES]

^ An insured under the limited tort option may maintain an action for non-economic loss if they can prove that they suffered a serious injury as defined in the Act.
  • MacElree Harvey Resources - Piercing the Limited Tort Barrier 12 January 2010 10:010 UTC www.macelree.com [Source type: Original source]

^ "While what is 'highly offensive to a reasonable person' suggests a standard upon which a jury would properly be instructed, there is a preliminary determination of offensiveness' which must be made by the court in discerning the existence of a cause of action for intrusion."

.In this point there is nothing novel, for it is so in almost every case of nuisance.^ (I say "almost always the case" because there are exceptions.

.Conspiracy is naturally a frequent element in such cases, but it does not appear to be necessary; if it were, millionaires and corporations might exceed the bounds of lawful competition with impunity whenever they were strong enough.^ Media behaves poorly in these cases, but they almost never lose because the defenses are so strong.

^ What it does is prevent the states from receiving the additional federal funds (an attractive option) should they put in such a system of courts or new laws and those systems put any sort of cap on legal fees or settlement amounts.
  • So Much for Tort Reform | The Moderate Voice 12 January 2010 10:010 UTC themoderatevoice.com [Source type: Original source]

^ Does such a rule in this case increase the odds that a woman will be even more hesitant to leave an abusive spouse?
  • The Volokh Conspiracy - Tort Liability: 12 January 2010 10:010 UTC volokh.com [Source type: Original source]

The reasons given in Quinn v. .Leathern are many and various, but the decision is quite consistent with Allen v.^ The consistent level in State courts may be related to the various reforms that many States have implemented to some extent since 1984.
  • Tort Cases In Large Counties 12 January 2010 10:010 UTC www.lectlaw.com [Source type: FILTERED WITH BAYES]

.Flood. However, the Trade Disputes Act will probably have its intended effect of reducing the law on this head to relative insignificance in England.^ Each establishes procedural mechanisms which have a relatively limited effect on existing state substantive tort law doctrines.
  • The Economic Benefits of Tort Reform 12 January 2010 10:010 UTC www.house.gov [Source type: FILTERED WITH BAYES]

^ Similarly, the damage caps incorporated in the 1997 Tort Reform Act will have little effect on Alaska tort law, for cases rarely arise in Alaska where the caps would effect the amount of damages awarded.
  • Alaska Law Review: Christopher T. Stidvent, Tort Reform In Alaska: Much Ado About Nothing?, 16 Alaska L. Rev. 61 (1999) 12 January 2010 10:010 UTC www.law.duke.edu [Source type: Original source]

^ Tort law differs from contract law, however, in that contract law *627 involves voluntary acts designed to result in a loss of liberty.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

though the term is of respectable antiquity. .Most recent of all is the rubric of " unfair competition," which is fast acquiring great importance.^ It takes aim at one of the country's most controversial consumer fraud statutes in the country, commonly known as the Unfair Competition Law ("UCL").
  • FindLaw's Writ - Sebok: Tort Law's Unprecedented Role in the 2004 Election 12 January 2010 10:010 UTC writ.news.findlaw.com [Source type: Original source]

It will be observed that the English law of. .'torts answers approximately in its purpose and contents to the Roman law of obligations ex delicto and quasi ex delicto. When we have allowed for the peculiar treatment of rights of property in the common law, and remembered that, according to one plausible theory, the Roman law of possession itself is closely connected in its origin with the law of delicts, we shall find the correspondence at least as close as might be expected a priori.^ In Singapore, the law on economic torts and defamation has its origins in English common law.
  • Singapore Law on Econonmic Torts 25 September 2009 5:36 UTC www.singaporelaw.sg [Source type: Original source]

^ As Professor Jane Larson reports in an article about the history of seduction laws, the tort of seduction was one of the most common civil actions toward the end of the nineteenth century, and fathers were often successful before juries.
  • FindLaw's Writ - Grossman: Is the Tort of Wrongful Seduction Still Viable? 12 January 2010 10:010 UTC writ.news.findlaw.com [Source type: Original source]

^ By the turn of the twentieth century, the tort evolved - as Larson also explains - to recognize personal injury, rather than solely deprivation of a property right.
  • FindLaw's Writ - Grossman: Is the Tort of Wrongful Seduction Still Viable? 12 January 2010 10:010 UTC writ.news.findlaw.com [Source type: Original source]

.Nor is the corres'pondence to be explained by borrowing, for this branch of the common law seems to owe less to the classical Roman or medieval canon law than any other.^ In criminal law, this is much less common.
  • The Volokh Conspiracy - Federalism and Tort Reform: 12 January 2010 10:010 UTC volokh.com [Source type: Original source]

^ In British law, wrongful act or omission that can give rise to a civil action at law, other than concerning breach of contract.
  • tort Facts, information, pictures | Encyclopedia.com articles about tort 12 January 2010 10:010 UTC www.encyclopedia.com [Source type: Academic]

^ Tort law is that part of civil law, other than contract law, which provides compensation for harm or injury to a person as a result of actions of another.
  • Bob Williams: The holy grail of tort reform» Redding Record Searchlight 12 January 2010 10:010 UTC www.redding.com [Source type: General]

.Some few misunderstood Roman maxims have done considerable harm in detail, but the principles have been worked out in all but complete independence.^ Check out Knock details for next year's Hairth - its all gone a bit wonky.
  • MySpace - Tort - 46 - Male - UK - myspace.com/tort63 12 January 2010 10:010 UTC www.myspace.com [Source type: FILTERED WITH BAYES]

^ Before the workers' compensation system was changed, for example, insurers had been paying out all of their premium income, and then some, to cover losses.

^ But we do provide all who are concerned with this issue some hard numbers to work with.
  • The Tort Tax - WSJ.com 12 January 2010 10:010 UTC online.wsj.com [Source type: News]

.A list of modern books and monographs will be found at the end of the article on " Torts " by the present writer in the Encyclopaedia of the Laws of England (2nd ed.^ Top Journal Articles on: tort law .
  • tort law - Books, journals, articles @ The Questia Online Library 12 January 2010 10:010 UTC www.questia.com [Source type: Academic]

^ Top Magazine Articles on: tort law .
  • tort law - Books, journals, articles @ The Questia Online Library 12 January 2010 10:010 UTC www.questia.com [Source type: Academic]

^ Law books alphabetic listing of titles.
  • Tort Law 25 September 2009 5:36 UTC www.angelfire.com [Source type: Original source]

). .Among recent editions of works on the law of torts and new publications the following may be mentioned here: Addison, by W. E. Gordon and W. H. Griffith (8th ed., 1906); Clerk and Lindsell, by Wyatt Paine (4th ed., 1906); Pollock (8th ed., 1908); Salmond, The Law of Torts (2nd ed., 1910).^ Edition: 2nd ed.
  • Tort Law 25 September 2009 5:36 UTC www.angelfire.com [Source type: Original source]

^ Understanding Tort Law , 3d ed.

^ Law of Torts: 2007 and 2008 , 4th ed.

.In America: Burdick, The Law of Torts (1905); Street, The Foundations of Legal Liability (1906), 3 vols.^ Understanding Law (LLB) Understanding Law (BA) Law of Contract A Law of Contract B Common Law A Common Law B Constitutional Law A Constitutional Law B Foundations of Tort A Foundations of Tort B ...
  • Tort Law 25 September 2009 5:36 UTC www.angelfire.com [Source type: Original source]

^ Since I no longer can even dream about beating the lawyers on tort reform, I dream of passing laws to permit limited liability healthcare partnerships and hospitals .
  • Hot Air » Blog Archive » Palin: No health-care reform without tort reform 12 January 2010 10:010 UTC hotair.com [Source type: General]

^ The first ideal type of tort law is portrayed by the historical bases for liability.
  • TORT LAW AND PRIVATE ORDERING 12 January 2010 10:010 UTC classweb.gmu.edu [Source type: Original source]

of which vol. i. is on Tort. (F. Po.)


Simple English

Tort law is the part of law for most harms that are not either criminal or based on a contract. For example, a car accident where one driver hurts another driver because he or she was not paying attention might be a tort. If a person is hurt by someone else, he or she can sue in court.

Many torts are accidents, like car accidents or slippery floors that make people fall down and get hurt. But some torts are done on purpose. These are called intentional torts. For example, if one person punches another person in the nose, it might be an intentional tort called battery.

Many torts cause physical harm to people. Some torts cause damage to property, like a broken window. Some torts can harm other things, like someone's reputation or a business.

The kinds of torts this article talks about are a part of the common law. The common law is found in England and former British colonies, such as the United States of America. Different laws are found in civil law countries such as France or Germany.

Contents

In general

Torts are what happens when one person (or organization) injures another. The person or organization that causes the injury is known as a tortfeasor. The person who is injured is often called the victim.

The victim may sue the tortfeasor. The people or organizations on each side of a lawsuit are called the parties. In a lawsuit, the victim is called the plaintiff. The tortfeasor is called the defendant.

Usually, the plaintiff in a lawsuit is asking the court to make the defendant pay money to make up for the harm that the defendant caused. For example, the money that the plaintiff asks for might pay for the plaintiff's medical bills if he or she was hurt in an accident. For some torts, especially ones done on purpose (intentional torts), the plaintiff might also ask the court to punish the defendant by making him or her pay extra money. Money that the court orders the defendant to pay is called damages. Sometimes a plaintiff also asks the court to order the defendant to stop doing something, like polluting the air or water. An order to stop doing something is called an injunction.

Sometimes the same act can be both a tort and a crime. For instance, stealing someone else's property might be a criminal offense, but it is also a tort against the person who owns the property.

Kinds of torts

Intentional torts

When a defendant causes an injury on purpose, that injury is an intentional tort. Sometimes, an injury can be an intentional tort if the defendant knows it will happen, even if the defendant does not want it to happen. Intentional torts include hitting people and saying things about them that are not true.

Unintentional torts

Unintentional torts are accidents. They usually happen because someone was not being careful. When someone is not careful, it is called negligence. An example of negligence is driving a car while not paying attention to the road. In a case of negligence, the court figures out what happened and decides whether the defendant was careful enough. It orders the defendant to pay money only if the defendant was not careful enough.

In some kinds of cases, it does not matter whether the defendant was careful or not. This is called strict liability or absolute liability. For example, in the United States, if someone buys a soda can and it explodes because it was manufactured badly, the manufacturer will probably have to pay the victim money even if the court finds that the defendant was as careful as it could be.

Physical torts

Physical torts are injuries to a person's body, such as hitting them or making them sick.

Abstract torts

Abstract torts are injuries to a person's mind, reputation, or property. A person's mind or reputation can be injured by saying things about them that are not true. A person's property can be injured by taking it from them without permission or saying that it belongs to someone else.

Torts involving people

Torts that involve people include hitting them, saying things about them that are not true, and making them stay in one place when they want to leave. Hitting someone is called battery. Saying things about someone that are not true is called slander, and writing things about someone that are not true is called libel. Making someone stay in one place when they want to leave is called false imprisonment or false arrest.

Torts involving property

Torts involving property include walking on someone else's property without permission, taking someone else's property without permission, or damaging someone else's property. Walking on someone else's property without permission is called trespass. Taking someone else's property without permission is called stealing or conversion.


Citable sentences

Up to date as of December 21, 2010

Here are sentences from other pages on Tort, which are similar to those in the above article.








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