A tort is a civil wrong that can give an injured party a legal claim. In plain language, it is wrongful conduct outside a contract that may entitle someone to damages or another civil remedy.
Why It Matters
Tort is one of the core organizing concepts of civil liability. It explains why a person or business can be sued for causing injury, reputational harm, property interference, or other legally recognized harm even when there was no contract between the parties.
The term also matters because it helps readers separate civil wrongs from crimes. The same conduct can sometimes lead to both civil and criminal consequences, but tort law focuses on the private claim of the injured party.
Where It Appears
Tort appears in complaints, insurance disputes, personal injury cases, business disputes, property disputes, and appellate opinions. It is the umbrella term under which more specific doctrines such as negligence, defamation, nuisance, trespass, and strict liability are organized.
Practical Example
A delivery driver carelessly crashes into a parked car and injures a pedestrian. Even if the driver had no contract with the injured person, the injured person may have a tort claim seeking damages.
How It Differs From Nearby Terms
- A contract claim grows out of a broken agreement. A tort claim grows out of wrongful conduct that the law independently recognizes.
- Negligence is one kind of tort, not the whole category.
- Damages are a possible remedy in tort cases, not the wrong itself.
Related Terms
Knowledge Check
- Is tort law mainly about civil wrongs rather than broken agreements? Yes. Tort law addresses recognized civil wrongs that exist apart from contract duties.
- Can a tort claim exist even when the parties never signed a contract? Yes. That is one of the main reasons tort law matters.