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Topic: Tort


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In the News (Mon 20 Nov 17)

  
  Tort - Wex
Torts are civil wrongs recognized by law as grounds for a lawsuit.
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 law is state law created through judges (common law) and by legislatures (statutory law).
www.law.cornell.edu /topics/torts.html   (387 words)

  
  Tort - LoveToKnow 1911
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.
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.
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.
www.1911encyclopedia.org /Tort   (2485 words)

  
  Tort - Wikipedia, the free encyclopedia
Tort law is distinguished from the law of contract, the law of restitution, the law of equity and the criminal law.
The law of torts therefore aims to restore the injured person to the position he or she was in before the tort was committed (the expectation or rightful position principle).
Some torts are strict liability torts, in that the plaintiff may recover by showing only that the wrong took place, and that the defendant committed the wrong — there is no need to show the defendant's state of mind or that the defendant breached a duty of due care.
en.wikipedia.org /wiki/Tort   (1323 words)

  
 AllRefer.com - tort (Legal Terms And Concepts) - Encyclopedia
tort, in law, the violation of some duty clearly set by law, not by a specific agreement between two parties, as in breach of contract.
In the early 19th cent., negligence was distinguished as a separate tort, and it has come to supply a large portion of tortious litigation.
Torts that injure reputation or feelings are personal torts; those violating statutory rights are constitutional torts; those involving real or personal property are property torts.
reference.allrefer.com /encyclopedia/T/tort.html   (475 words)

  
 Theories of Tort Law (Stanford Encyclopedia of Philosophy)
In the case of torts, the plaintiff is the victim of an alleged wrong and the unsuccessful defendant is either directed by the court to pay damages to the plaintiff (the usual remedy) or else to desist from the wrongful activity (so-called "injunctive relief").
Tort law imposes a duty of repair, and while it is true that a person who is under a duty to act is constrained in the set of actions open to him, duties are neither punishments nor sanctions.
In contrast with tort law, criminal wrongdoers are subject to punishment for their crimes, and while this means that they are not at liberty to prevent others from punishing them, they have no duty to be punished or to permit others to punish them.
plato.stanford.edu /entries/tort-theories   (12439 words)

  
 Tort Reform
Until "tort reform" became a policy issue, the word "tort" was primarily the part of the vernacular of first year law students.
In its political context, "tort reform" generally refers to proposals to limit the prevalence of legal claims prosecuted with the assistance of personal injury lawyers which are perceived to unfairly burden insurance policy holders with exorbitant premiums.
Tort costs, as a percentage of the GDP, exploded in the decades of the '70's and '80's.
www.newsbatch.com /tort.htm   (3573 words)

  
 CPR Perspectives: Tort Reform
State tort liability is most directly relevant, as it provides the standards and principles under which defendants are held responsible for the physical and psychological harms that their actions cause to other parties.
Proponents of tort reform deplore this strategy of "regulation through litigation" and have sought to include in their legislative proposals measures that are designed to curtail the practice.
Tort reformers also have sought to change tort law from within, most notably by advocating changes to the judicially created standards for admissibility of scientific evidence establishing that the defendant's product or activity was the cause of an environmental, health, or safety harm.
www.progressiveregulation.org /perspectives/tortReform.cfm   (2028 words)

  
 Legal Definition of Tort
A tort is an act that injures someone in some way, and for which the injured person may sue the wrongdoer for damages.
Torts may be committed with force, as trespasses, which may be an injury to the person, such as assault, battery, imprisonment; to the property in possession; or they may be committed without force.
Torts of this nature are to the absolute or relative rights of persons, or to personal property in possession or reversion, or to real property, corporeal or encorporeal, in possession or reversion: these injuries may be either by nonfeasance, malfeasance, or misfeasance.
www.lectlaw.com /def2/t032.htm   (394 words)

  
 tort - Encyclopedia.com
U.S. Tort Costs Climbed to Record $233 Billion in 2002, According to Tillinghast Study; Costs Were 13.3% Higher Than 2001: Second Year of Double-Digit Growth Rates.
Tort au canadien: a proposal for Canadian tort legislation on gross violations of international human rights and humanitarian law.
Tort law for federalists (and the rest of US): private law in disguise.
www.encyclopedia.com /doc/1E1-tort.html   (869 words)

  
 tort. The Columbia Encyclopedia, Sixth Edition. 2001-05   (Site not responding. Last check: 2007-11-07)
Certain torts, such as nuisance, may be suppressed by injunction.
In the early 19th cent., negligence was distinguished as a separate tort, and it has come to supply a large portion of tortious litigation.
Torts that injure reputation or feelings are personal torts; those violating statutory rights are constitutional torts; those involving real or personal property are property torts.
www.bartleby.com /65/to/tort.html   (416 words)

  
 Tort reform: Facts and details from Encyclopedia Topic   (Site not responding. Last check: 2007-11-07)
Tort reform is controversial and has become a major rift between the Republicans[For more facts and a topic of this subject, click this link] and Democrats[Click link for more facts about this topic].
Strict liability is a legal doctrine in tort law that makes a person responsible for the damages caused by their actions regardless of culpability (fault) or...
Intentional interference with contractual relations is a common law tort that applies to an activity or activities that causes a damage to contractual relations...
www.absoluteastronomy.com /encyclopedia/t/to/tort_reform.htm   (1083 words)

  
 Understanding tort reform (Page 2 of 2)
Many tort cases are brought by lawyers who don't charge their clients an up-front fee, but rather receive a percentage of any monetary award the client receives.
Costs are a hotly contested issue in the tort reform debate because costs are the basis on which many state laws have been enacted in the name of tort reform.
She says that tort reform proponents frequently cite the United States as a country with far more tort issues than other countries, but notes that in those countries, there is a much more extensive social safety net.
www.bankrate.com /brm/news/pf/20050727a2.asp   (1184 words)

  
 Procedural Tort Reform: Lessons from Other Nations
In our modern tort system, it is far more likely that such claims are completely meritless, and the 20 percent chance of success is a result of the 20 percent chance of finding an ignorant or prejudiced jury, or coercing a settlement from a defendant who fears expensive, risky litigation and potential bad publicity.
The tort system is necessary because it provides a remedy for the acts of aggression of those defendants who cause injury and are unwilling to compensate their victims.
Tort and contract law, not bureaucratic regulation, should be the primary institutions that protect the interests of the public from involuntary risks and wrongful conduct by others.
www.cato.org /pubs/regulation/reg19n1e.html   (6375 words)

  
 Tort Law in Canada - An Introduction
Tort refers to that body of the law which will allow an injured person to obtain compensation from the person who caused the injury.
Tort also serves as a deterrent by holding persons responsible for their actions and to educate the community as to what is unacceptable conduct.
Tort law is the wrong place to turn for compensation for an ill-performed duty owed to you as a result of a private agreement between you and another.
www.duhaime.org /Tort/tort1.aspx   (876 words)

  
 Tort Reform Lawsuit Information - Find Trial Lawyers and Attorneys with Experience in Tort Reform Personal Injury Law
The concept of tort liability evolved as a generalization of various specific types of injuries--including trespass, deceit, slander, and assault and battery--some of which generally occur outside the context of economic activity.
Notwithstanding the broad definition of a tort, injuries caused by a breach of contract are generally addressed under contract law--with the exception of injuries involving medical malpractice or defective or dangerous products, which are addressed as torts even when the parties have an explicit contract.
Tort law is almost exclusively contained in state law, and the large majority of tort cases are filed in state courts.
www.injuryboard.com /view.cfm/Topic=1255   (927 words)

  
 Public Citizen | Congress Watch | Congress Watch - Department of Justice Study Disproves Tort "Reform" Myths   (Site not responding. Last check: 2007-11-07)
The August 2000 report, "Tort Trials and Verdicts in Large Counties, 1996," is the third in a series of reports based on a survey of the 75 largest counties in the United States.
In 1996 tort trials decided by a judge, punitive damages were awarded in 8% of the trials, compared to 3% of jury trials.
Only 11% of tort trials were for medical malpractice and 2.3% were for defective products (not including asbestos cases, which were another 1.8%.) In contrast, automobile accident cases accounted for 49% of all tort trials, with three-fifths of those cases being one individual suing another.
www.citizen.org /congress/civjus/tort/myths/articles.cfm?ID=5671   (917 words)

  
 Your Right to Trial
Tort filings in state courts have essentially remained constant over the past decade and actually declined by 6 percent between 1991 and 1993, according to the most recent NCSC study.
This is particularly significant because over 95 percent of all tort cases are filed in state courts.
Only the tort system places proper value upon non-economic losses and warns the medical industry to safeguard our health and safety -- it would be foolhardy to allow legislation that would eliminate this warning.
www.gtla.org /public/right-to-trial.html   (3386 words)

  
 Tort at AllExperts
Tort law is distinguished from the law of contract, the law of restitution, the law of equity and the criminal law.
Some torts are strict liability torts, in that the plaintiff may recover by showing only that the wrong took place, and that the defendant committed the wrong — there is no need to show the defendant's state of mind or that the defendant breached a duty of due care.
Torts are generally categorized by two factors:# The level of intent that must be assessed against the tortfeasor, and# The interest affected by the tort.
en.allexperts.com /e/t/to/tort.htm   (1389 words)

  
 Corp Reform - Not Tort Reform: More About McDonalds   (Site not responding. Last check: 2007-11-07)
Tort deform means taking away the security of real life people (who incorrectly still think that if they are honest and careful that they will be treated right) so that corporations can be shielded from their most outrageous and calculating conduct.
Tort reform terminates the struggle of innocent injured people for a return to normalcy in their lives and puts them on welfare (so the same whiners who support tort reform are still going to pay for the support of these innocent injured- but it will no longer effect business obscene profitability).
Tort deform's purpose is to cause innocent people who are catastrophically injured by big business to lose everything (self-support, family, self-respect and everything else) so that business does not need to be responsible for the injuries it causes.
www.corpreform.com /corpreform/2003/11/more_about_mcdo.html   (4234 words)

  
 Legal Dictionary
Tort refers to that body of the law which will allow an injured person to obtain compensation from the person who caused the injury.
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.
Tort also serves as a deterrent by sending a message to the community as to what is unacceptable conduct.
www.fifthdistrictcourt.com /dictionary/dict-t.htm   (1214 words)

  
 Corp Reform - Not Tort Reform: The Myth of the Frivolous Lawsuit   (Site not responding. Last check: 2007-11-07)
Tort reformers say that the courts are overwhelmed with “frivolous lawsuits” lawsuits that have no legal basis, or are so petty as to not be worth the time of the court system.
If their case for tort reform was taken to court, assuming they could find a lawyer willing to handle the frivolous suit, it would be thrown out by the judge when they produced a bunch of myths to support their case.
Tort reform is about stemming the current tide towards a more and more litigious society where every human mistake is viewed as a chance to win the lottery rather than an opportunity to work together to improve the quality of life for all of us as well as demonstrate compassion and forgiveness.
corpreform.typepad.com /corpreform/2003/10/the_myth_of_the.html   (11774 words)

  
 How to Fix The Tort System
The result is one of those exceptional American institutions that sometimes causes the rest of the industrialized world to rub its eyes in wonder: A tort system that functions as both an insurance mechanism and as a form of decentralized regulation.
The right way to reform the U.S. tort system is not to put most plaintiffs' lawyers on the streets but to ensure that they do a better job at their two key roles: compensating victims and deterring corporate wrongdoing.
In "How to fix the tort system" (Cover Story, Mar. 14), we miscalculated the percentage of eligible people who took advantage of a class-action judgment against Intel Corp. (INTC): 150 of 500,000 is 0.03% (not 0.0003%).
www.businessweek.com /magazine/content/05_11/b3924601.htm   (4060 words)

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