| Tort law is different from the laws of contract, | | | | defendant breached a duty of reasonable care. |
| restitution, and the criminal law. Contract law | | | | Definition of a tort: |
| protects the parties involved when expectations | | | | In his famous treatise, Handbook of the Law of |
| arise from promises, restitution prevents unjust | | | | Torts, William Prosser defined "tort" as "a term |
| enrichment and compensation for wrong doing, | | | | applied to a miscellaneous and more or less |
| and criminal law punishes crimes that are so | | | | unconnected group of civil wrongs other than |
| severe (like murder, rape, fraud) that society has | | | | breach of contract for which a court of law will |
| a direct interest in preventing and dealing with | | | | afford a remedy in the form of an action for |
| them. Note that many wrongs can result in liability | | | | damages." |
| to both the state (as criminal activity and | | | | In a limited range of cases, tort law will tolerate |
| proceedings) and to the victims (as torts). | | | | self-help, for example, using reasonable force to |
| Tort law serves to protect an individual’s | | | | remove a trespasser. I addition, in the case of an |
| interest in their bodily security, tangible property, | | | | ongoing tort, or where harm is merely suggested, |
| financial resources, or reputation. Interference with | | | | the courts will sometimes grant an injunction to |
| one of these interests is usually met by an action | | | | restrain the ongoing threat of harm. |
| for compensation, most usually in the form of | | | | Purposes of torts: |
| unliquidated damages. The law [ of torts aims to | | | | The law of torts assesses whether a loss that |
| restore the injured individual to the position they | | | | affects one person should or should not be placed |
| were in before the tort was committed (the | | | | upon another person. Some of the consequences |
| expectation or rightful position principle). | | | | of injury or death, such as medical expenses |
| In most countries, torts are usually divided into | | | | incurred, can be compensated through payment |
| three general categories: intentional torts, | | | | of damages. Damages may also be compensated, |
| negligence and nuisance. Additional categories or | | | | for non-pecuniary damages, such as pain. |
| subcategories may be recognized in other | | | | The law of tort can be confusing to many, but as |
| countries. Some torts are liability torts. This is | | | | an informed society member we can be wary of |
| when the plaintiff may recover by showing only | | | | its effects on us personally and the nation as a |
| that they suffered an injury, that caused | | | | whole. Legal responsibilities can often become |
| damages, and that the defendant was responsible | | | | overwhelming individually or personally if proper |
| for causing the damages. There never a need to | | | | care is not taken. |
| show the defendant's state of mind or that the | | | | |