Tort

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A tort is a injury caused by a person or organization to another person or organization for which they can sue in court. A tort can be intentional or unintentional. Torts can be physical or abstract. Torts can involve people or property. The kinds of torts this article talks about are a part of the common law. The common law is found in England and former British colonies, such as the United States of America. Different laws are found in civil law countries such as France or Germany.


Contents

[edit] In general

Torts are injuries caused by a person or organization to another person or organization. The injured person or organization may sue the person or organization who caused the injury. The people or organizations on each side of a lawsuit are called the parties. In a lawsuit, the injured party is called the plaintiff. The person who caused the injury is called the defendant or the "tortfeasor."

In a torts case, the plaintiff sues the defendant because the plaintiff wants compensation from the defendant. Compensation means making the plaintiff as well off as he or she would have been if the tort had not happened. If the defendant is found liable, then the court usually orders the defendant to either pay the plaintiff money or to stop doing whatever caused the injury. Money paid by the defendant is called damages. An order to stop doing something is called an injunction.

[edit] Kinds of torts

[edit] Intentional torts

When a defendant tries or wants to cause an injury, that injury is an intentional tort. A tort is also intentional if the defendant did not want it to happen but knew it would happen anyway. Intentional torts include hitting people and saying things about them that are not true.

[edit] Unintentional torts

Unintentional torts are accidental injuries. The accident can happen because the defendant was doing something dangerous, even if they did not want an injury to happen. That is called negligence. An example of negligence is driving a car while drunk. An accident could also happen because the defendant was doing something very dangerous such as having a lion as a pet. That is called strict liability or absolute liability.

[edit] Physical torts

Physical torts are injuries to a person's body, such as hitting them or making them sick.

[edit] Abstract torts

Abstract torts are injuries to a person's mind, reputation, or property. A person's mind or reputation can be injured by saying things about them that are not true. A person's property can be injured by taking it from them without permission or saying that it belongs to someone else.

[edit] Torts involving people

Torts involving people include hitting them, saying things about them that are not true, and making them stay in one place when they want to leave. Hitting someone is called battery. Saying things about someone that are not true is called slander. Making someone stay in one place when they want to leave is called false imprisonment or false arrest.

[edit] Torts involving property

Torts involving property include walking on someone else's property without permission, taking someone else's property without tpermission, or damaging someone else's property. Walking on someone else's property without permission is called trepass. Taking someone else's property without permission is called stealing or conversion.