Tort-Law Framework

A Tort-Law Framework is a private law framework that governs civil wrongs (excluding breach of contract), regulating the legal liability of wrongdoers and the remedies available to individuals who suffer harm or loss as a result of these wrongs.

• AKA: Civil Wrong Law System.
• Context:
  • It can (typically) be composed of Tort Law Components (body of law components), such as:
    • Tort Law Areas (major subdivisions of tort law focusing on specific aspects), such as:
      • Negligence Law, rules governing unintentional harm through carelessness.
      • Intentional Tort Law, principles for deliberate harmful acts.
      • Strict Liability Law, standards for liability without fault.
      • Product Liability Law, rules for defective product harm.
      • Defamation Law, principles protecting reputation.
      • Privacy Tort Law, safeguards for personal privacy.
      • Nuisance Law, rules addressing interference with property enjoyment.
      • Trespass Law, principles protecting property rights.
      • Economic Tort Law, rules for financial harm without physical damage.
      • Environmental Tort Law, principles for environmental damage liability.
      • ...
    • Tort Law Principles (fundamental legal propositions guiding tort interpretation and tort application), such as:
      • Duty of Care Principle, obligation to avoid foreseeable harm.
      • Proximate Cause Principle, limits on liability for remote consequences.
      • Res Ipsa Loquitur Principle, inference of negligence from circumstances.
      • Contributory Negligence Principle, reduction of damages for plaintiff's fault.
      • Volenti Non Fit Injuria Principle, voluntary assumption of risk defense.
      • ...
    • Tort Law Doctrines (legal doctrines guiding tort interpretation and tort enforcement), such as:
      • Doctrine of Respondeat Superior, employer liability for employee torts.
      • Doctrine of Attractive Nuisance, liability for child injuries on property.
      • Eggshell Skull Rule, liability for unforeseen extent of harm.
      • Last Clear Chance Doctrine, liability despite contributory negligence.
      • Learned Hand Formula, balancing test for determining negligence.
      • ...
    • Tort Liability Elements (specific components required to establish liability), such as:
      • Duty in Tort Law, legal obligation to conform to a standard.
      • Breach of Duty, failure to meet the required standard.
      • Causation in Tort Law, link between breach and harm.
      • Damages in Tort Law, actual loss or harm suffered.
      • Foreseeability in Tort Law, predictability of harm.
      • ...
    • Tort Defenses (legal grounds for avoiding liability), such as:
      • Consent Defense, plaintiff's agreement to risk.
      • Self-Defense in Tort Law, reasonable force to protect oneself.
      • Necessity Defense in Tort Law, lesser harm to prevent greater harm.
      • Statute of Limitations in Tort Law, time limit for bringing claims.
      • Contributory Negligence Defense, plaintiff's role in own injury.
      • ...
    • Tort Remedies (legal recourse available to plaintiffs), such as:
      • Compensatory Damages in Tort Law, monetary compensation for loss.
      • Punitive Damages in Tort Law, additional damages to punish wrongdoer.
      • Injunctive Relief in Tort Law, court order to stop harmful activity.
      • Restitution in Tort Law, return of property or its value.
      • Nominal Damages in Tort Law, small sum recognizing a legal wrong.
      • ...
    • ...
  • It can (typically) vary between jurisdictions, reflecting different legal traditions and policy priorities.
  • It can (often) evolve in response to changing social and economic conditions.
  • It can (often) interact with other areas of law, such as environmental law and consumer protection law.
  • ...
  • It can focus on different types of harm (physical injury, property damage, economic loss, emotional distress).
  • It can be influenced by both Common Law and Civil Law traditions.
  • It can involve Statutory Law and Case Law.
  • It can include principles of Corrective Justice and Distributive Justice.
  • It can be subject to Jurisdictional and International Law considerations.
  • It can be shaped by Legal Precedent and Judicial Interpretation.
  • It can balance individual rights with societal interests in determining liability.
  • ...
• Example(s):
  • U.S. Tort Laws, such as:
    • U.S. Tort Law in 1881 after the publication of Holmes' The Common Law.
    • U.S. Tort Law in 1965 after the publication of the Restatement (Second) of Torts.
    • U.S. Tort Law in 1969 after the California Supreme Court decision in Greenman v. Yuba Power Products, Inc. establishing strict liability for defective products.
  • U.K. Tort Laws, such as:
    • U.K. Tort Law in 1932 after the House of Lords decision in Donoghue v Stevenson establishing the modern concept of negligence.
    • U.K. Tort Law in 1957 after the enactment of the Occupiers' Liability Act 1957.
    • U.K. Tort Law in 2013 after the enactment of the Defamation Act 2013.
  • French Civil Laws, such as:
    • French Tort Law in 1804 after the enactment of the French Civil Code (Code Napoléon).
    • French Tort Law in 2005 after the revision of the French Civil Code by the Environmental Charter of 2005.
  • ...
• Counter-Example(s):
  • Criminal Law, which deals with crimes (and punishments) against the state (rather than civil wrongs).
  • Contract Law, addressing breaches of contractual obligations (rather than general duties).
  • Administrative Law, concerning the operation of government agencies.
  • Constitutional Law, which deals with the fundamental principles governing a state or country.
  • Property Law, which focuses on ownership and possession rights rather than civil wrongs.
• See: Civil Wrong, Legal Liability, Assault, Battery (Crime), Civil Law (Legal System), Roman Law, Negligence, Product Liability, Defamation, Nuisance, Trespass, Strict Liability, Tort Reform, Comparative Negligence, Vicarious Liability.

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References

2024

• (Wikipedia, 2024) ⇒ https://en.wikipedia.org/wiki/Tort Retrieved:2024-10-14.
  • A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract.

    While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from customary English tort law. In civil law jurisdictions based on civil codes, both contractual and tortious or delictual liability is typically outlined in a civil code based on Roman Law principles. Tort law is referred to as the law of delict in Scots and Roman Dutch law, and resembles tort law in common law jurisdictions in that rules regarding civil liability are established primarily by precedent and theory rather than an exhaustive code. However, like other civil law jurisdictions, the underlying principles are drawn from Roman law. A handful of jurisdictions have codified a mixture of common and civil law jurisprudence either due to their colonial past (e.g. Québec, St Lucia, Mauritius) or due to influence from multiple legal traditions when their civil codes were drafted (e.g. Mainland China, the Philippines, and Thailand). Furthermore, Israel essentially codifies common law provisions on tort.

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