Tort Terms

Tort

A tort is a civil wrong that does not arise out of any breach of contract. A tort may consist of a claim based upon negligent conduct or intentional conduct. For instance, the running of a red light in an automobile through inadvertence is an act of negligence that constitutes a tort. Punching someone in the nose constitutes an assault which is in the nature of an intentional tort.

A tort consists of conduct that breaches some duty resulting in injury to another. The elements therefore are duty,breach of duty,causation and resulting damages.

The most common form of tortious conduct is what is called negligence. The most common form of negligence is what are called motor torts or auto accidents.