Tort is a type of civil wrong that is repressible by unliquidated damages, which means that the damages are not predetermined or fixed by a contract or agreement. Unlike crimes, which are offenses against the state and are prosecuted by the state, torts are private wrongs that are committed against an individual, and the injured party may seek compensation through a civil lawsuit.
Torts are distinct from breaches of contract and breaches of trust. A breach of contract occurs when one party fails to fulfill their obligations under a contract, and the injured party may seek damages or specific performance as specified in the contract. Breaches of trust, also known as fiduciary breaches, occur when a person in a position of trust, such as a trustee or executor, fails to act in the best interests of the beneficiaries or violates their fiduciary duties.
In contrast, torts involve harm caused by the actions or omissions of another person that result in injury to another person, property, or reputation. Torts can be intentional, such as assault or defamation, or they can be unintentional, such as negligence or strict liability.
The damages awarded in tort cases are typically unliquidated, meaning that the amount of damages is determined by the court based on the harm caused and the losses suffered by the injured party. These damages may include compensation for medical expenses, lost wages, pain and suffering, and other losses that resulted from the tortious conduct.
In summary, torts are civil wrongs that are repressible by unliquidated damages, and are distinct from crimes, breaches of contract, and breaches of trust. Torts involve harm caused by the actions or omissions of another person, and damages are determined by the court based on the harm suffered by the injured party.
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