Tort Reform


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.

Tort Reform: Selected full-text books and articles

Behind the Curtain of Tort Reform By Christensen, Roland Brigham Young University Law Review, Vol. 2016, No. 1, January 1, 2016
WHERE HAVE ALL THE CASES GONE? THE STRANGE SUCCESS OF TORT REFORM REVISITED [Dagger] By Daniels, Stephen; Martin, Joanne Emory Law Journal, Vol. 65, No. 6, January 1, 2016
Judicial Tort Reform in Texas By Anderson, David A The Review of Litigation, Vol. 26, No. 1, Winter 2007
Unequal Justice: The Hidden Gendered Impact of "Tort Reform" By Patel, Darshana Multinational Monitor, Vol. 26, No. 3-4, March-April 2005
The Problem of Tort Reform: Federalism and the Regulation of Lawyers By Gasaway, Robert R Harvard Journal of Law & Public Policy, Vol. 25, No. 3, Summer 2002
Peer-reviewed publications on Questia are publications containing articles which were subject to evaluation for accuracy and substance by professional peers of the article's author(s).
Contingent Fees and Tort Reform: A Reassessment and Reality Check By Inselbuch, Elihu Law and Contemporary Problems, Vol. 64, No. 2-3, Spring-Summer 2001
Punitive Damages as Societal Damages By Sharkey, Catherine M The Yale Law Journal, Vol. 113, No. 2, November 2003
Unintended Consequences of Tort Reform: Rent Seeking in New York State's Structured Settlements Statutes By Spizman, Lawrence M.; Schmitt, Elizabeth Dunne Journal of Forensic Economics, Vol. 13, No. 1, Winter 2000
Peer-reviewed publications on Questia are publications containing articles which were subject to evaluation for accuracy and substance by professional peers of the article's author(s).
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