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What is a “Tort”?
A tort, in the legal context, means a “wrong”. More specifically, it is a civil wrong, as opposed to a breach of contract or other civil action.
- Note: Individuals may be liable in tort for their own conduct and for the conduct of others.
Zipursky, Benjamin C., Philosophy of Tort Law: Between the Esoteric and the Banal. BLACKWELL GUIDE TO PHILOSOPHY OF LAW AND LEGAL THEORY, Martin Golding, William Edmundson, eds., Blackwell, 2004. Available at SSRN: https://ssrn.com/abstract=555705
Gardner, John, Tort Law and Its Theory (May 23, 2016). Forthcoming in J Tasioulas (ed), The Cambridge Companion to Philosophy of Law (expected publication 2018); Oxford Legal Studies Research Paper No. 2/2018. Available at SSRN: https://ssrn.com/abstract=3108535 or http://dx.doi.org/10.2139/ssrn.3108535
Hershovitz, Scott, Treating Wrongs as Wrongs: An Expressive Argument for Tort Law (October 16, 2017). J. of Tort Law Vol. 10, Forthcoming; U of Michigan Public Law Research Paper No. 570. Available at SSRN: https://ssrn.com/abstract=3054163
Robertson, Andrew, On the Distinction between Contract and Tort. Andrew Robertson (ed), The Law of Obligations: Connections and Boundaries, UCL Press/Routledge-Cavendish, London, 2004, 87-109. Available at SSRN: https://ssrn.com/abstract=391081 or http://dx.doi.org/10.2139/ssrn.391081