TORT LAW Meaning and
Definition
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Tort law refers to a branch of civil law that deals with civil wrongs or injuries caused to individuals or their property, and how those wrongs can be legally compensated. It encompasses a wide range of wrongful acts or omissions committed by a person, business, or entity that lead to harm, injury, or damage to another party.
In tort law, the injured party initiates legal action against the alleged wrongdoer, known as the defendant, seeking compensation for their losses. The purpose of tort law is to provide relief to the victim and hold the defendant accountable for their actions, ensuring that parties who cause harm are financially responsible for their wrongful conduct.
There are several types of torts, each governed by specific principles and rules. These include negligence, where a person fails to exercise reasonable care and causes harm to another; intentional torts, where a person deliberately engages in actions that harm another; strict liability, which holds a party responsible for harm caused by their abnormally dangerous activities or defective products; and defamation, which involves false statements that harm a person's reputation.
Tort law serves to maintain social order by offering compensation and deterrence against harmful behavior. It is designed to protect individuals' rights and provide a legal framework within which disputes arising from civil wrongs can be resolved.
Etymology of TORT LAW
The word "tort" comes from the Latin term "tortum" which means "wrong" or "injury". This Latin word developed from the Latin verb "torquere", which means "to twist" or "to distort". In the context of law, "tort" refers to a civil wrongdoing that causes harm or injury to another person, giving rise to a legal claim for compensation.
The term "tort law" itself emerged in the English legal system, where it was used to refer to the body of law that deals with civil wrongs and personal injury claims. Over time, the concept of tort law expanded to include various types of wrongful acts, such as negligence, intentional misconduct, and strict liability.
It is important to note that tort law is a common law system, meaning its principles and rules have developed through court decisions over centuries rather than being codified in statute.
