Tort law in the context of "Trespass"

Play Trivia Questions online!

or

Skip to study material about Tort law in the context of "Trespass"




⭐ Core Definition: Tort law

A tort is a civil wrong, other than breach of contract, that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Tort law can be contrasted with criminal law, which deals with criminal wrongs that are punishable by the state. While criminal law aims to punish individuals who commit crimes, tort law aims to compensate individuals who suffer harm as a result of the actions of others. Some wrongful acts, such as assault and battery, can result in both a civil lawsuit and a criminal prosecution in countries where the civil and criminal legal systems are separate. Tort law may also be contrasted with contract law, which provides civil remedies after breach of a duty that arises from a contract. Obligations in both tort and criminal law are more fundamental and are imposed regardless of whether the parties have a contract.

While tort law in civil law jurisdictions largely derives from Roman law, common law jurisdictions derive their tort law from customary English tort law. In civil law jurisdictions based on civil codes, both contractual and tortious or delictual liability is typically outlined in a civil code based on Roman Law principles. Tort law is referred to as the law of delict in Scots and Roman Dutch law, and resembles tort law in common law jurisdictions in that rules regarding civil liability are established primarily by precedent and theory rather than an exhaustive code. However, like other civil law jurisdictions, the underlying principles are drawn from Roman law. A handful of jurisdictions have codified a mixture of common and civil law jurisprudence either due to their colonial past (e.g. Québec, St Lucia, Mauritius) or due to influence from multiple legal traditions when their civil codes were drafted (e.g. Mainland China, the Philippines, and Thailand). Furthermore, Israel essentially codifies common law provisions on tort.

↓ Menu

👉 Tort law in the context of Trespass

Trespass is an area of tort law broadly divided into three groups: trespass to the person (see below), trespass to chattels, and trespass to land.

Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment. Through the evolution of the common law in various jurisdictions, and the codification of common law torts, most jurisdictions now broadly recognize three trespasses to the person: assault, which is "any act of such a nature as to excite an apprehension of battery"; battery, "any intentional and unpermitted contact with the plaintiff's person or anything attached to it and practically identified with it"; and false imprisonment, the "unlawful obstruction or deprivation of freedom from restraint of movement".

↓ Explore More Topics
In this Dossier

Tort law in the context of U.S. state law

In the United States, state law refers to the law of each separate U.S. state.

The fifty states are separate sovereigns, with their own state constitutions, state governments, and state courts. All states have a legislative branch which enacts state statutes, an executive branch that promulgates state regulations pursuant to statutory authorization, and a judicial branch that applies, interprets, and occasionally overturns both state statutes and regulations, as well as local ordinances. States retain the power to make laws covering anything not otherwise preempted by the federal Constitution, federal statutes, or international treaties ratified by the federal Senate. Normally, state supreme courts are the final interpreters of state institutions and state law, unless their interpretation itself presents a federal issue, in which case a decision may be appealed to the U.S. Supreme Court by way of a petition for writ of certiorari. State courts regularly have concurrent jurisdiction with federal courts and, where applicable, apply or are also bound by federal law. State laws have dramatically diverged in the centuries since independence, to the extent that the United States cannot be regarded as one legal system (as to the majority of types of law traditionally under state control), but instead as 50 separate systems of tort law, family law, property law, contract law, criminal law, and so on.

↑ Return to Menu

Tort law in the context of Anarcho-capitalist

Anarcho-capitalism (colloquially: ancap or an-cap) is a political philosophy and economic theory that advocates for the abolition of centralized states in favor of stateless societies where systems of private property are enforced by private agencies. Anarcho-capitalists argue that a society can function without a state through voluntary exchange and private institutions that provide law and security. This would result in a voluntary society based on concepts such as the non-aggression principle, free markets, and self-ownership. In the absence of statute, private defence agencies and/or insurance companies would operate competitively in a market and fulfill the roles of courts and the police, similar to a state apparatus.

According to its proponents, various historical theorists have espoused philosophies similar to anarcho-capitalism. While the earliest existing attestation of "anarchocapitalism" [sic] is in Karl Hess's essay "The Death of Politics" published by Playboy in March 1969, American economist Murray Rothbard was credited with coining the terms anarcho-capitalist and anarcho-capitalism in 1971. A leading figure in the 20th-century American libertarian movement, Rothbard synthesized elements from the Austrian School, classical liberalism and 19th-century American individualist anarchists and mutualists Lysander Spooner and Benjamin Tucker, while rejecting the labour theory of value. Rothbard's anarcho-capitalist society would operate under a mutually agreed-upon "legal code which would be generally accepted, and which the courts would pledge themselves to follow". This legal code would recognize contracts between individuals, private property, self-ownership and tort law in keeping with the non-aggression principle. Unlike a state, enforcement measures in Rothbard’s version of an anarcho-capitalist society would only apply to those who initiated force or fraud. Rothbard views the power of the state as unjustified, arguing that it violates individual rights, reduces prosperity, and creates social and economic problems.

↑ Return to Menu

Tort law in the context of Conflict of laws

Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad topics: jurisdiction, rules regarding when it is appropriate for a court to hear such a case; foreign judgments, dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and choice of law, which addresses the question of which substantive laws will be applied in such a case. These issues can arise in any private law context, but they are especially prevalent in contract law and tort law.

↑ Return to Menu

Tort law in the context of Omission (law)

In law, an omission is a failure to act, which generally attracts different legal consequences from positive conduct. In the criminal law, an omission will constitute an actus reus and give rise to liability only when the law imposes a duty to act and the defendant is in breach of that duty. In tort law, similarly, liability will be imposed for an omission only exceptionally, when it can be established that the defendant was under a duty to act or duty of care.

↑ Return to Menu

Tort law in the context of Anarcho-capitalism

Anarcho-capitalism (colloquially: ancap or an-cap) is a political philosophy and economic theory that advocates for the abolition of centralized states in favour of stateless societies where systems of private property are enforced by private agencies. Anarcho-capitalists argue that a society can function without a state through voluntary exchange and private institutions that provide law and security. This would result in a voluntary society, based on concepts such as the non-aggression principle, free markets, and self-ownership. In the absence of statute, private defence agencies and/or insurance companies would operate competitively in a market, and fulfil the roles of courts and the police, similar to a state apparatus.

According to its proponents, various historical theorists have espoused philosophies similar to anarcho-capitalism. While the earliest existing attestation of "anarchocapitalism" [sic] is in Karl Hess's essay "The Death of Politics", published by Playboy in March 1969, American economist Murray Rothbard was credited with coining the terms anarcho-capitalist and anarcho-capitalism in 1971. A leading figure in the 20th-century American libertarian movement, Rothbard synthesized elements from the Austrian school, classical liberalism, 19th-century American individualist anarchists, mutualists Lysander Spooner, and Benjamin Tucker, while rejecting the labour theory of value. Rothbard's anarcho-capitalist society would operate under a mutually agreed-upon "legal code which would be generally accepted, and which the courts would pledge themselves to follow". This legal code would recognize contracts between individuals, private property, self-ownership, and tort law, in keeping with the non-aggression principle. Unlike a state, enforcement measures in Rothbard’s version of an anarcho-capitalist society would only apply to those who initiated force or fraud. Rothbard views the power of the state as unjustified, arguing that it violates individual rights, reduces prosperity, and creates social and economic problems.

↑ Return to Menu