Quasi-tort

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Quasi-tort is a legal doctrine that some legal duty exists that can not be classified strictly as a personal duty (that is, resulting in a tort), nor as a contractual duty (thus resulting in a breach of contract), but rather some other kind of duty recognizable by the law. It is not universally recognized or defined.^[1]

Contents

1 As a third type of civil wrong
2 As a violation of a statutory or regulatory scheme
3 As a miscellaneous type of wrong-doing
4 References
5 See also

As a third type of civil wrong

In Tort Theory, scholar Lakshman Marasinghe posits that quasi-delict, a doctrine in civil law jurisdictions, exists as well in common law.^[2] Marasinghe thus argues against Viscount Haldane's dictum in Sinclair v. Brougham, that the only common law civil causes of action are, by definition, contract and tort.^[2]

Brooklyn Law School's law review had an article with a similar argument, "Contractor Duty to Third Parties Not in Privity: A Quasi-Tort Solution to the Vexing Problem of Victims of Nonfeasance."^[3]

Malta recognizes quasi-tort as a third type of liability.^[4]^[5]^[6] Belgium also has quasi-tort.^[7]

As a violation of a statutory or regulatory scheme

Some scholars have categorized certain types of law as quasi-torts. These include worker's compensation, insurance law, consumer protection laws, labor law,^[8] products liability law, energy law, anti-discrimination law,^[9] and other miscellaneous and difficult-to-categorize areas of law. This may include statutory law or administrative regulation^[9]^[10] as quasi-torts that replace or substitute for the tort regime.

As a miscellaneous type of wrong-doing

Some scholars have viewed certain recently-created torts, such as negligent infliction of emotional distress, as quasi-torts.

According to at least one scholar, "Restatement (Second) of Torts section 552 on negligent misrepresentation ... deals with a quasi-tort, quasi-contract form of liability."^[11]

Another, related view, is that it is a category where the wrong is both a contract and a tort, such as with legal malpractice,^[12] or medical malpractice. For example, New York law applies the same statute of limitations "for medical, dental or podiatric malpractice to be commenced within two years and six months," whether under contract or tort theories.^[13]

Some equity actions can be viewed as quasi torts, such as Quiet title and Qui tam actions.

References

^ See, e.g., Webster's online. Retrieved November 24, 2008.
^ ^a ^b Lakshman Marasinghe, "Towards Quasi-Tort in the Common Law?", in Kenneth D. Cooper-Stephenson, Elaine Gibson, Tort Theory (Captus Press, 1993, ISBN 0-921801-87-4, ISBN 978-0-921801-87-0), found at Google search result. Retrieved November 24, 2008.
^ Note, "Contractor Duty to Third Parties Not in Privity: A Quasi-Tort Solution to the Vexing Problem of Victims of Nonfeasance." Brooklyn Law Review, Volume 63, Issue 2, found at Booklyn Law School website. Retrieved November 24, 2008.
^ Synergene website disclaimer. Retrieved November 24, 2008.
^ CDF website disclaimer. Retrieved November 24, 2008.
^ Syllabii summary, "CVL1007 Roman Law of Obligations," and "CVL3003 Obligations II & Tort," found at University of Malta Faculty of Laws website. Retrieved November 24, 2008.
^ Sywawa website disclaimer. Retrieved November 24, 2008.
^ See, Syllabus summary, "LAW-665 Employment and Labor Law: Workers and the Law," found at American University Law School website. Retrieved November 24, 2008.
^ ^a ^b Julie C. Suk, "Antidiscrimination Law in the Administrative State," University of Illinois Law Review, Vol. 2006, No. 2, p. 101, 2006, Cardozo Legal Studies Research Paper No. 146, Princeton Law and Public Affairs Working Paper No. 06-004, Abstract found at SSRN website. Retrieved November 24, 2008.
^ (A "case of regulation or quasi-tort") See "Why get philosophical about it?", found at Harvard Law Review website and Harvard Law Review website. Retrieved November 24, 2008.
^ Raymond T. Nimmer, "Breaking Barriers: The Relation Between Contract and Intellectual Property Law," found at U. of California Berkeley Law School website. Retrieved November 24, 2008.
^ Francis M. Burdick, The Law of Torts, p. 28, (Beard Books, 2000, ISBN 1-58798-000-2, ISBN 978-1-58798-000-8), found at [1]. Retrieved November 24, 2008.
^ N.Y. CPLR § 214-a, found at New York State Assembly official website. Retrieved November 24, 2008.