Law of Torts


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. When such a duty is breached, the injured party has the right to institute suit for compensatory damages. Certain torts, such as nuisance, may be suppressed by injunction. Many crimes are also torts; burglary, for instance, often constitutes trespass.

The history of Anglo-American tort law can be traced back to the action for trespass to property or to the person. Not until the late 18th cent. was the currently observed distinction made between injury willfully inflicted and that which is unintentional. In the early 19th cent., negligence was distinguished as a separate tort, and it has come to supply a large portion of tortious litigation.

The general tendency today is to rule that the breach of any duty constitutes a tort, rather than to rule that an alleged tort must fit into some previously recognized variety, such as assault, false imprisonment, or libel. Some courts treat any willful unjustified injury as tortious, while others hold that the act must be defined as tortious by law, regardless of the perpetrator's motive. 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. Property torts include several classes of torts, such as automobile accidents, negligence, product liability, and medical malpractice.

In some areas, tort liability can be assigned without a finding of fault, as in no-fault automobile insurance. In areas where the finding of fault remains crucial, and the awards of compensatory or punitive damages can be substantial, tort litigation can be time-consuming and costly. Its defenders claim tort litigation promotes safety and economic efficiency, while critics argue the process does little but raise insurance premiums while providing windfalls to a handful of lawyers. Efforts to reform tort law hope to set limits to damage settlements and to broaden no-fault statutes for use in alternative forms of litigation. In the 1990s many U.S. states, pressed chiefly by conservatives and business interests, passed laws limiting damages, but state courts have repeatedly voided these limits as violations of "open courts" guarantees in state constitutions.

The Columbia Encyclopedia, 6th ed. Copyright© 2018, The Columbia University Press.

Law of Torts: Selected full-text books and articles

Tort Law By B. S. Markesinis; S. F. Deakin Clarendon Press, 1999 (4th edition)
Philosophy and the Law of Torts By Gerald J. Postema Cambridge University Press, 2002
Philosophical Foundations of Tort Law By David G. Owen Clarendon Press, 1995
Law in American History By G. Edward White Oxford University Press, vol.2, 2012
Law 101: Everything You Need to Know about the American Legal System By Jay M. Feinman Oxford University Press, 2000
Librarian's tip: Chap. 5 "Auto Accidents, Scalding Coffee, and Medical Malpractice: Personal Injuries and Tort Law"
Tort Law in America: An Intellectual History By G. Edward White Oxford University Press, 1985
Tort Law and Economic Interests By Peter Cane Clarendon Press, 1996 (2nd edition)
Transnational Tort Litigation: Jurisdictional Principles By Campbell McLachlan; Peter Nygh Clarendon Press, 1996
Principles of the Law of Restitution By Graham Virgo Oxford University Press, 1999
Librarian's tip: Chap. 16 "Restitution for Torts"
Shakedown: How Corporations, Government, and Trial Lawyers Abuse the Judicial Process By Robert A. Levy Cato Institute, 2004
Librarian's tip: Part One "Tort Law as Litigation Tyranny"
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