The purpose of tort law is to provide relief to victims of wrongdoing and redress the harm caused by the wrongful acts of others. Torts are intended to provide total compensation for proven damages.
The contract law system handles contract lawsuits.
In tort law, people who harm others are responsible for compensating their victims. In addition to potential income loss, medical expenses and pain and suffering are typical harms. Additional punitive damages may also be awarded in addition to total compensation to punish the plaintiff.
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A tort is a Civil Wrong
As opposed to a breach of contract, a tort causes loss or harm to a claimant and results in legal liability for the person who committed the tort. In some civil and mixed law jurisdictions, the term delict may refer to this type of civil wrong, although it can also include criminal offenses. In contrast, tort refers to comparative law’s general category of wrongs. Using the word tort as a legal term first appeared in the 1580s, although some words were used for similar concepts before then. The word tort originates from Old French, a lineage of the Norman Conquest, and Latin, a lineage of the Roman Empire.
The concept of tort law refers to civil actions seeking monetary damages as a private remedy. You may have a tort claim if you have been intentionally harmed by someone, caused financial loss, suffered an injury, or violated someone’s privacy. Criminal law, which is a form of punishment by the state, may also be compared to tort law.
In countries with separate civil and criminal legal systems, there may be both a civil lawsuit and a criminal prosecution for wrongful acts, such as assaults and battery. Similarly, tort law can be contrasted with contract law, which also provides civil remedies after a breach of a duty arising from a contract; however, while the parties agree to contractual obligations, tort and criminal law obligations are more fundamental and apply regardless of whether an agreement has been entered into.
To prove their claim, both contract and tort claimants must show that their loss or harm was a foreseeable consequence of the breach.
Summary
The act of injuring another does not constitute a breach of contract and for which a civil action (noncriminal) can be filed. An injunction or damages may be obtained in these cases. It is derived from the Latin tortum, which means “twisted, ugly, or crooked.” In addition to their potentially criminal or contractual aspects, assault, defamation, malpractice, negligence, nuisance, product liability, and property damage are all torts.
