Definition
Generally refers to private (as opposed to public) and civil (as opposed to criminal) offenses for which law may provide monetary compensation (see damages) to the aggrieved party as a remedy. Some torts (such as assault), however, are crimes. Whereas (1) breach of a contract does not ordinarily fall under tort law, negligent driving (a tortious act) by a taxi driver is a breach of contract to carry the passenger safely to his or her destination; (2) it usually must be shown that the wrong was committed with intention or negligence, tort of strict liability does not require any such proof; (3) common legal relief for a tort is monetary compensation, in some cases (such as nuisance to a neighbor) an injunction to prevent recurrence of the act may be granted; (4) motive with which a tortious act is committed is usually immaterial, in some cases (such as malicious prosecution) presence of malice is essential.
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