单词 | TORT |
释义 | Wrong ; injury; the opposite of right So called, according to Lord Coke, be cause it is wrested, or crooked, being contrary to that which is right and straight. Co. Litt 1586. In modern practice, tort is constantly used as au English word to denote a wrong or wrongful act, for which an action will lie, as distinguished from a contract. 3 Bl. Comm. 117. A tort is a legal wrong committed upon the person or property independent of con- tract. It may be either (1) a direct invasion of some legal right of the individual; (2) the infraction of some public duty by which special damage accrues to the individual; (3) the violation of some private obligation by which like damage accrues to the individual. In the former case, no special damage is necessary to entitle the party to recover. In the two latter cases, such damage is necessary. Code Ga. 18S2, |
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