74 Am. Jur. 2d Torts 1 American Jurisprudence, Second Edition Database updated August 2012 Torts Jeffrey J. Shampo, J.D.

. I. In General Topic Summary Correlation Table References 1. Definitions West's Key Number Digest West's Key Number Digest, Torts Model Codes and Restatements Restatement Second, Torts 6 A tort is a civil wrong or injury[FN1] for which a remedy may be obtained, usually in the form of damages.[FN2] A tort is a breach of a duty that the law imposes on persons who stand in a particular relation to one another.[FN3] It is a private wrong, independent of contract,[FN4] although contract may create the circumstances for the commission of a tort.[FN5] An action in tort is for a breach of duty imposed by law.[FN6] An action ex delictofrom a faultis generally one founded upon a tort.[FN7] The word "tortious" denotes that conduct, whether of an act or omission, is of such a character as to subject the actor to liability under the principle of the law of torts.[FN8] The same act may constitute both a crime and a tort.[FN9] A crime is an offense against the public pursued by the sovereign while the tort is a private injury pursued by the injured party.[FN10] [FN1] Milton v. IIT Research Institute, 138 F.3d 519 (4th Cir. 1998) (applying Virginia law); Pigs R Us, LLC v. Compton Tp., 770 N.W.2d 212 (Minn. Ct. App. 2009). [FN2] Pigs R Us, LLC v. Compton Tp., 770 N.W.2d 212 (Minn. Ct. App. 2009). [FN3] Pigs R Us, LLC v. Compton Tp., 770 N.W.2d 212 (Minn. Ct. App. 2009). [FN4] Old Spanish Trail Credit Union v. Sexton, 941 So. 2d 709 (La. Ct. App. 3d Cir. 2006). - Tort obligations are obligations imposed apart from and independent of promises made and therefore are apart from any manifested intention of the parties to a contract or other bargaining transaction. Pfenninger v. Hunterdon Central Regional High School, 167 N.J. 230, 770 A.2d 1126, 153 Ed. Law Rep. 652 (2001). - As to the distinction between tort law and contract law, see 2. [FN5] 21. [FN6] Bellemare v. Wachovia Mortg. Corp., 284 Conn. 193, 931 A.2d 916 (2007). [FN7] Diaz v. Wills, 286 Ga. App. 357, 649 S.E.2d 353 (2007). [FN8] Restatement Second, Torts 6. [FN9] Am. Jur. 2d, Criminal Law 2. [FN10] Am. Jur. 2d, Criminal Law 2. 2012 Thomson Reuters. 33-34B 2012 Thomson Reuters/RIA. No Claim to Orig. U.S. Govt. Works. All rights reserved. AMJUR TORTS 1 END OF DOCUMENT 101