Tort law glossary

1.	defamation	attacks against a person’s reputation through the written or spoken word
2.	compensatory damages	The award of an amount of money to the injured party in an amount equivalent to the financial value of his injury
3.	intentional tort	non-criminal, non-contractual injury in which the person who caused it intended to cause injury
4.	libel	a form of defamation that describes the publication of false or malicious statements or pictures that cause injury to another person
5.	negligent tort	unintended injure caused by lack of care or failure to act, in contrast to an intentional tort
6.	product liability	the liability to the public of a manufacturer or trader for selling a faulty product
7.	punitive damages (exemplary damages)	compensation designed to punish the breaching party for conduct found to be reprehensible, e.g. fraud
8.	slander	a form of defamation that describes the use of spoken words to harm a person’s reputation
9.	strict liability tort	where liability is imposed for damages caused regardless of fault or intent. That means that the victim does not need to prove negligence. Strict liability is common in cases regarding defectively manufactured goods.
10.	tort	any wrongful act that results in an injury, other than breach of contract, for which the court will give damages
11.	tortfeasor	person who commits a tort
12.	trespass	unlawful invasion of the person, property or rights of another

Additional texts torts and crimes

Most non-lawyers are unfamiliar with the word tort, but they are likely to be very familiar with the concepts involved. Whenever one person threatens to sue another, there is a good chance their dispute involves a tort. The word tort, which derives from a French word meaning an 'injury' or 'injustice', ultimately comes from Latin torquere (= to twist), which also led to the related words distort / contort / extort and torture.

The two main objectives of tort law are to provide relief for the loss or harm suffered and deter others from committing the same civil wrongs.

A good example of a tort would be a car accident. If a driver accidentally drives into the back of my car, he has probably committed the tort of negligent damage to private property. I may attempt to recover money (damages) from him (or his insurer) to pay for repairs to my car. He may also have committed a crime, such as speeding, in which case the police may become involved, and the state may prosecute and punish him. But even if he was driving legally, the fact that he drove into my car suggests he was not paying attention and was therefore negligent. Thus, while the same event may be both a crime and a tort, many torts are less serious than crimes. The standard of proof (the degree of certainty needed to decide a particular case) is higher in criminal cases. In most tort cases, the standard of proof is fairly low: the preponderance of the evidence (i.e. which explanation is most likely, given the evidence). In some cases, there is a higher standard of proof: clear and convincing proof. The most demanding standard of proof (proof beyond reasonable doubt) is required for criminal convictions.

After a crime, the state may prosecute the offender. If the offender is found guilty, he may be fined or imprisoned. After a tort, it is the victim who sues the tortfeasor (i.e. the wrongdoer who has committed the tort). If the wrongdoer is found liable, he may have to pay damages to the victim.