tort

(from Lat. torquere, to twist, tortus, twisted, wrested aside).

A private or civil wrong or injury, including action for bad faith breach of contract, for which the court will provide a remedy in the form of an action for damages. K Mart Corp. v. Ponsock, 103 Nev. 39, 732 P.2d 1364, 1368.

A violation of a duty imposed by general law or otherwise upon all persons occupying the relation to each other which is involved in a given transaction. Coleman v. California Yearly Meeting of Friends Church, 27 Cal.App.2d 579, 81 P.2d 469, 470.

There must always be a violation of some duty owing to plaintiff, and generally such duty must arise by operation of law and not by mere agreement of the parties.

A legal wrong committed upon the person or property independent of contract. It may be either

(1) a direct invasion of some legal right of the individual;

(2) the infraction of some public duty by which special damage accrues to the individual;

(3) the violation of some private obligation by which like damage accrues to the individual.

See also Federal Tort Claims Act

- government tort

- husband-wife tort actions

- joint tort-feasors

- liability

- negligence

- Palsgraf Rule

- parental liability

- privilege

- privity

- privity of contract

- product liability

- sovereign immunity

- strict liability

- warranty.

Children.

See parental liability.

@ constitutional tort

Federal statute providing that every person who under color of any statute, ordinance, regulation, custom, or usage, of any state or territory, subjects, or causes to be subjected, any citizen of the United States or any other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. 42 U.S.C.A. No. 1983.

See also color of law

@ intentional tort

Tort or wrong perpetrated by one who intends to do that which the law has declared wrong as contrasted with negligence in which the tortfeasor fails to exercise that degree of care in doing what is otherwise permissible.

See also willful tort.

+ intentional tort

A tort in which the actor is expressly or impliedly judged to have possessed intent or purpose to injure

@ maritime tort

Civil wrongs committed on navigable waters. Pierside Terminal Operators, Inc. v. M/V Floridian, D.C.Va., 374 F.Supp. 27, 30.

As regards right to jury trial, see 28 U.S.C.A. No. 1873.

See Jones Act

- Longshore and Harbor Workers' Compensation Act

- maritime.

@ tort of negligence

The tort or negligence consists of the existence of a legal duty owed the plaintiff by the defendant, breach of the duty, proximate causal relationship between the breach and plaintiffs injury, and damages. Stimson v. Michigan Bell Tel. Co., 77 Mich.App. 361, 258 N.W.2d 227, 231.

See also negligence

@ personal tort

One involving or consisting in an injury to the person or to the reputation or feelings, as distinguished from an injury or damage to real or personal property, called a "property tort." Gray v. Blight, C.C. A.Colo., 112 F.2d 696, 699.

@

Prenatal injuries

See child

- unborn child

- viable child.

@ quasi tort

Though not a recognized term of English law, may be conveniently used in those cases where a man who has not committed a tort is liable as if he had. Thus a master is liable for wrongful acts done by his servant in the course of his employment.

@ strict tort liability

See strict liability.

@ wilful tort

See intentional tort, above; also willful tort

@ tort claims acts

See Federal Tort Claims Act

- sovereign immunity

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