What is "tort" ?

Disponible uniquement sur Etudier
  • Pages : 2 (421 mots )
  • Téléchargement(s) : 0
  • Publié le : 1 avril 2010
Lire le document complet
Aperçu du document
Subject : tort is often described as a civil wrong. Please comment in 300 words.

Tort is generally defined as a wrongful act or an infringement of a right leading to legal liability. It can beintentional or from carelessness (called 'negligence'). It is consequently concerned with private law and specifically wrongs which are committed in your relations with other individuals (outside thescope of contract law). Is this definition sufficient to understand this concept or should it include other aspects beyond the simple civil wrong ?
It appears that tort, although limited in itssubject to private relations (I) have a also a moralist aspect (II).

I.Tort as civil wrong...
There is no denying that tort is a civil wrong which covers situations in which a party, injured as aresult of another party wrongdoing, is entitled to a legal remedy. This judicial concept can be divided in 4 types of wrongs : negligence, nuisance, trespass and defamation. It must pointed out that inthe notion of tort also appear both the idea of compensation and the idea of punishing. The idea of compensation aimed at repairing damages to property, person, goods. The idea of punishing refers tocertain types of tort that are of objective responsibility where there is no need to prove either a fault or a wrong committed on the part of the defendant. It must be added that certain torts canalso be prosecuted as criminal cases. This will not be studied in this paper.

II.Tort as a regulator of social life.
There is a general idea that tort is more than a simple civil wrong and is, insome way, regulating social life and relations. The Mesothelioma litigation illustrates this idea (for instance : Fairchild v Glenhaven Funeral Services 2002). It concerned with a lung diseasecontracted by employees resulting from defaults in security instructions but also a lack of scientific knowledge. Although the causation requirement was not fulfilled in this case as no wrongdoing was...