WHAT ARE TORTS & CONTRACTS?

A tort is a civil wrong. A contract is a legally binding agreement between parties. (Of course, in order to be legally binding, the agreement must constitute a valid contract.) Commitments of torts and violations of contracts constitute the vast majority of causes of action in civil litigation. Following is an introduction to some basic torts and violations of contracts.

INTENTIONAL TORTS:

DEFAMATION. LIBEL AND SLANDER

Damage to a party's reputation, image or standing in the community.

 

WRONGFUL IMPRISONMENT
Restriction of an individual's freedom of movement, physically or mentally.

 

MALICIOUS PROSECUTION and
ABUSE OF PROCESS
Forcing a party to defend herself against warrantless prosecution.

 

TRESPASS AND NUISANCE (ENVIRONMENTAL TORTS)
Unwarranted and unauthorized entry on one's property or the devaluation of enjoyment of one's property due to intrusive acts of another.

 

ASSAULT
The imminent fear for one's well-being.

 

BATTERY
Physical intrusion upon the person of another.

 

MISREPRESENTATION
Deceit. Knowingly misleading another.


CONVERSION
Unauthorized transfer of moneys or properties.

 

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
Doing mental or psychological harm by act or omission.

NEGLIGENT TORTS:

NEGLIGENCE
Establishment of a duty, followed by a breach of that duty, and an establishment of damages. (For compensation to be awarded, it must be established that the negligence was the proximate cause of the damages.)


NEGLIGENCE PER SE
Negligence while violating the law.


WRONGFUL DEATH
Death due to another's negligence.

CONTRACTS:

BREACH OF CONTRACT
Failure to fulfill written or oral commitments.

 

BAD FAITH
Entering into an agreement with no intention of fulfilling obligations.

 

BREACH OF FIDUCIARY DUTY
Failing to act in the best interest of a party when there exists an obligation to do so.