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What Is Tort Law?

Before beginning to study an area of the law, it is helpful to set the parameters of the field. What is tort law and how does it differ from other areas of the law? The answers to these questions are mainly phrased by identifying what tort law is not.

Tort law is not criminal law. Criminal law deals with the relationship of the individual to society. It defines the behavior that society expects from its citizens and imposes punishment for failing to meet those standards.

Tort law is not contract law. Contract law governs dealings between individuals, but, for the most part, the individuals are able to define the conduct they expect from each other. Contracting parties voluntarily assume obligation s; in tor t law, the conduct expectations are implied.

Tort law is different in that it sets forth our expectations for our behavior toward individuals that we do not even know. Tort law protects us against invasion of our personal interests. A person suffering a tort is entitled to be “made whole,” or to be compensated for all losses caused by the breach of duty. Tort law includes injuries that are intentional, injuries that are negligent, and injuries caused by the products we use every day.

Fact

The definition of a tort is “a breach of a legal duty that causes harm to another, but is not a breach of contract or a crime.” This broad definition allows tort law to address diverse topics and provides excellent opportunities for specialization within the field.

  1. Home
  2. Being a Paralegal
  3. Torts and Product Liability
  4. What Is Tort Law?
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