It is important to learn which type of tort you’ll be filing, as well as which type of injury you suffered (there are various types of both physical and non-physical injuries that are recognized by the courts), and then you will be able to assess damages, consider any forms of non-monetary relief you may be seeking, file a claim, and apply procedure.
We’ve also assembled a section on General Legal Terms pertaining to Torts; these legal terms are also linked throughout the website where applicable.
Types of Torts:
Types of torts are categorized below. Some appear in more than one category.
General Terms Applicable to Various Types of Torts:
Mass Tort – a civil wrong that injures many people.
Intentional Tort – committed by someone acting with general or specific intent (i.e. battery, false imprisonment, trespass to land).
Negligent Tort – committed by failure to observe the standard of care required by law under the circumstances. act of negligence.
Prima Facie Tort – an unjustified, intentional infliction of harm on another person, resulting in damages, by one or more acts that would otherwise be lawful (often business related).
Public Tort – a minor breach of the law (i.e. a parking violation) that, although it carries a criminal punishment, is considered a civil offense rather than a criminal one because it is merely a prohibited act and not inherently reprehensible conduct.
Government Tort – committed by the government through an employee, agent, or instrumentality under its control.
Quasi-Tort – when one who did not directly commit is liable, such as when an employer is held liable for a tort committed by an employee.
Maritime Tort – any tort within admiralty jurisdiction.
Types of Torts pertaining to Damage to Rights or Reputation:
Constitutional Tort – a violation of one’s constitutional rights by a government officer, redressable by a civil action filed directly against the officer.
Dignitary Tort – injury to one’s reputation or honor (defamation).
Personal Tort – injury to one’s person, reputation, or feelings.
Torts that involve Toxic Chemicals:
Environmental Tort – involves exposure to disagreeable or harmful environmental conditions or harm to & degradation of an environment (i.e. land, water, air).
Toxic Tort – a civil wrong arising from exposure to a toxic substance, such as asbestos, radiation, or hazardous waste.
Business Tort – a tort that impairs some aspect of an economic interest or business relationship, causing economic loss rather than property damage or bodily harm. aka economic tort.
Tortious Interference with Contractual Relations – a third party’s intentional inducement of a contracting party to break a contract, causing damage to the relationship between the contracting parties.
Tortious Interference with Prospective Advantage – an intentional, damaging intrusion on another’s potential business relationship, such as the opportunity of obtaining customers or employment. aka intentional interference with prospective economic advantage; interference with a business relationship; tortious interference with a business advantage; tortious interference with economic relations
Marital Tort – a tort by one spouse against the other (i.e. assault and battery, transmission of STDs, emotional distress). aka domestic tort.
Preconception Tort – committed before the victim has been conceived.
Prenatal Tort – committed against a fetus (including torts a child can sue for after being born).
Property Tort – involves damage to property.
Sanctions Tort – a means of recovery for another party’s discovery abuse, whereby the judge orders the abusive party to pay a fine to the injured party for the discovery violation.
tort-claims act. A federal or state statute that, under stated circumstances, waives sovereign immunity and allows lawsuits by people who claim they have been injured by the government or its agents and employees. 0 These laws typically require the prospective plaintiff to file a claim before starting litigation, giving the government an opportunity to engage in discovery and, sometimes, settle. Although often called tort-claims acts, these laws often apply to contract claims as well.
tortious battery. See BATTERY (2)tOrtious conduct. See CONDUCT,
tortious denial of beneiits. See tortious denial of benejits under DENIAL (4).
tort-of-another doctrine. (1986) Torts. In some states, a statutory rule that authorizes a court to award litigation related expenses, including attorney’s fees, to a prevailing party forced to bring or defend a lawsuit against a third party for a tort committed by someone else who refused, after notice, to bring or defend the lawsuit. * The tort-of-another doctrine is an exception to the general American rule about attorney’s fees. See AMERICAN RULE (I).
Disclaimer: All material throughout this website is compiled in accordance with Fair Use.
: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner. ISBN: 978-0-314-62130-6
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