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What Is a Tort?

There are instances wherein a civil wrong is committed out of negligence or deliberate action. However, such wrong is not within the context of a contract or legally binding agreement. These instances of civil wrong are referred to as a tort. Tort law defines what can legally constitute as a tort injury given the circumstances of the civil wrong committed.

Tort does not necessarily involved illegal offenses wherein an injury may occur. Tort encompasses events wherein harm has been experienced by an individual. The individual may file a lawsuit against the party who can be held liable for the injuries suffered by the individual. Upon filing the lawsuit, the individual may seek damages or some form of restitution in order to be compensated for the harm he or she has suffered due to the tort.

For example, a person playing baseball may hit the ball far enough to hit another individual. This is a tort case in which the person committed a civil wrong however unintentional it may be. The person who was hit by the ball may file a lawsuit against the baseball player in order to gain damages from the injury he or she gained from the accident.

Like a law, various forms of tort exist depending on the context or the issue addressed. Economic torts, defamation torts, nuisance torts, and other kinds of torts exist within the legal system. The most common tort is the negligence tort, wherein an individual fails to perform a vital, basic duty or responsibility.

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