Essay About Tort Reform And General Tendency Today

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What is Tort Reform? Tort reform can be explained like this, in law, the violation of some duty clearly set by law, not by a specific agreement between two parties, as in breach of contract. When such a duty is breached, the injured party has the right to institute suit for compensatory damages. Certain torts, such as nuisance, may be suppressed by injunction. Many crimes are also torts; burglary, for instance, often constitutes trespass. The history of Anglo-American tort law can be traced back to the action for trespass to property or to the person. Not until the late 18th century was the currently observed distinction made between injury willfully inflicted and that which is unintentional. In the early 19th century, negligence was distinguished as a separate tort, and it has come to supply a large portion of tortious litigation. The general tendency today is to rule that the breach of any duty constitutes a tort, rather than to rule that an alleged tort must fit into some previously recognized variety, such as assault, false imprisonment, or libel. Some courts treat any willful unjustified injury as tortious, while others hold that the act must be defined as tortious by law, regardless of the perpetrators motive. Torts that injure reputation or feelings are personal torts; those violating