What is a tort?

TORTS

 

 

LIST OF WORDS

 

tort	punitive/exemplary damages
negligence	actual/compensatory damages
trespass	defenses to negligence
vicarious liability	contributory negligence
nuisance	comparative negligence
tortfeasor	nominal damages
defamation	governmental immunity
Statutory	conversion
strict liability	litigation
false imprisonment	litigants
duty of care	intentional torts
actionable	hazardous activity
assumption of risk	product liability
disparagement of reputation	legal remedy

 

What is a tort?

 

A shopper backs his car into your new vehicle in the mail’s lot.

A drunk punches you in the nose.

A newspaper improperly identifies you as the shoplifter picked up yesterday in a local store.

A truck overturns and spills gasoline that pollutes your land.

A competing business “bugs” your office with listening devices.

A doctor improperly diagnoses your problem as stomach flu when, in reality, you have appendicitis.

A lawyer improperly advises you, causing a $10,000 loss.

Do any of the above situations sound familiar? A wrong has been committed in each of them. In all of them the victim can use the courts to seek compensation. These personal injuries or wrongs for which the law will provide remedies are known as torts, and the person who commits a tort is known as a tortfeasor. It is the right of the injured party (or the victim) to sue the tortfeasor. If a lawsuit has been filed, the injured party is called the plaintiff and the tortfeasor is called the defendant. If the injured party wins the lawsuit, the court will order the tortfeasor to pay that party an appropriate amount of money for the harm done. This compensation is known as a damage award or just damages.

The primary purpose of tort law is to compensate the innocent party by making up for any loss suffered by that victim. Another objective is to protect potential victims by deterring future tortious behaviour. In general, almost anyone may sue or be sued in tort — a child, someone who is mentally sick, even someone who has died. In such cases, the action will be conducted in or against their name by another authorized person. However, in some torts there are specific rules about who may sue or be sued. The occupier of an apartment, for example, may sue in the tort of nuisance if he is injured by broken glass falling from his neighbor's apartment. But if a visitor is also injured he has no right under this tort and would have to seek another action, such as in the tort of negligence (breach of a legal duty of care).