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A tort is a civil wrong for which a remedy may be obtained. Basically, a tort is something someone else did wrong that caused you injury and for which you can sue. In this context, driving negligently, hitting someone and causing injury is a tort, and the injured driver can sue the one who caused the accident.

A tort can be intentional -- like an angry punch in the nose -- but is far more likely to result from carelessness (called "negligence"), such as riding your bicycle on the sidewalk and colliding with a pedestrian. While the injury that forms the basis of a tort is usually physical, this is not a requirement -- libel slander and the "intentional infliction of mental distress" are on a good-sized list of torts not based on a physical injury.

The law of torts came from a combination of common-law principles and legislative enactments. It comes from the Latin term torquere, which means twisted or wrong.

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โˆ™ 2016-03-21 07:27:36
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โˆ™ 2014-11-15 02:11:21

In addition to the explanation stated in the prior answer, it is important to understand that, while a tort is a civil wrong, it is distinguished from a breach of contract, which is also a civil wrong. Therefore, a tort is a civil wrong that is not a breach of contract. Additionally, the measure of damages for a tort is different from that of a breach of contract.

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โˆ™ 2016-03-21 07:40:47

In nursing, a tort is defined somewhat differently.

For example, nursing obviously involves touching a person's body. A nurse takes a pulse, blood pressure reading, listens to a person's heart, inserts an IV, helps a person to stand, etc. etc. However, if a patient says "Do not touch me!" (a refusal of nursing care), it can be a tort if the nurse persists in touching or trying to touch the person (except in a life-saving action or emergency). For example, if a patient says "don't touch me!" but a fire starts, a nurse better rescue that patient or the nurse could be charged with criminal offenses.


Restraining a patient is another big issue. A tort can arise from nursing staff restraining a patient without following proper guidelines, or using restraints as a punitive measure.


Also, any action a nurse does (which a nurse should never do) that is intended to punish a patient could be a civil tort, even if no direct harm is done to the patient. For example, a bedridden patient refuses to wash or allow staff to wash the patient. In frustration, the nurse dumps the basin of tepid (barely warm) water onto the patient and leaves the room, leaving the patient soaking wet. Though there was no "injury", it can still be a tort. Same if a nurse neglects to do (whatever) care or service for a patient who the nurse has deemed "uncooperative". "nasty", "belligerent", etc. A patient can have a bad attitude; a nurse should know how to deal with "difficult" people without compromising nursing care.



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Related Questions

How do you spell tort?

tort


What is Spousal Tort?

A spousal tort is a marital tort that is a civil legal action that is folded into a divorce petition.


What does prefix tort mean?

tort means to twist


Name a tort for which there does not have to be an intent to harm?

The tort of negligence


What are tort of assault?

Assault is a type of "intentional tort."


What is the difference between an intentional tort and a negligent tort?

There is really only one main difference between and intentional tort and negligent tort. An intentional tort would be an injury caused by an intentional act by another. A negligent tort however, is one that is an accidental injury caused by negligence.


What is a tortfeasor that may be spelled as tort feasor or tort-feasor?

Someone who commits a Tort. A tort is a civil action brought when someon damages another person or their property. Accidents or medical malpractice claims are a type of tort.


What is the area of Paizay-le-Tort?

The area of Paizay-le-Tort is 11.28 square kilometers.


Is a tort a civil action?

Yes, a tort is a civil action.


Can a tort be a criminal act?

yes a tort can be a criminal act


What does tort stand for?

Tort law is the segment of law that addresses cases involving civil wrongs. A tort is simply an injury.


Is Strict liability an unintentional tort or intentional tort?

Unintentional tort because even if you don't intend harm you will be liable for it.


How do you use the word tort in a sentence?

Use it as a noun. It can be a subject as in: A tort is a civil wrong. It can be a predicate nominative as in: Negligence is a tort. It can be an object of a preposition as in: Negligence is a type of tort. It can be a direct object as in: He committed a tort. It can be an indirect object: Giving torts a meaning is tough.


If a 18 year old child living with his parents has chosen full tort on his insurance but his parents have limited tort which tort option does he legally have?

I believe he has he has the full tort option as that he is no longer a minor


Can a tort be a civil wrong?

A tort IS a civil, as opposed to a criminal, wrong.


Is trespass tort a tort of intension.?

- depending on how you look at the offense, not actually.


Can the same act be a tort and a crime?

No, the definition of a "tort" is a "civil wrong."


Is a tort a misdemeanor?

A tort is a civil wrong, but not necessarily a criminal act.


What are the Tort Claim Acts for the state of Michigan?

What are the tort laws of michigan


When was Maman a tort created?

Maman a tort was created in 1984-03.


Is false imprisonment a tort?

yes, fasle imprisonment is a common law tort


What kind of tort is not returning property?

This is a tort against property called detinue.


Can a tort exist if no injury?

No, a tort does not exist because there were no injury's and it must be proven.


Type of tort case in Erin Brockovich case?

toxic tort case


When was Journal of Tort Law created?

Journal of Tort Law was created in 2006.