Page 22 - Insurance Times May 2019

intentionally inflicts injury or takes something from another, which a person owes to his fellow men; at common law a
such as murder, robbery, rape, theft and so on and is person has rights of protection for his person, property and
punishable by fines, imprisonment or death sentence i.e. reputation. These rights when infringed become tort or
breach of public rights and duties which affects the whole civil wrong and gives rise to an action at common law for
community. Crime is a specific type of intentional tort that unliquidated damages-a monetary sum not a fixed one,
causes physical harm or loss. which is left to be determined by court of law.

Other types of intentional torts include slander and libel, Generally a person is liable in tort, if he has caused harm
patent infringement and false imprisonment. False intentionally or negligently but not harm caused
imprisonment protects a person's freedom of movement in accidentally-except in the case of strict liability, where the
the same way that battery protects freedom from bodily harm has not been caused intentionally or negligently.
invasion, by making it wrongful to restrain a person through Particularly, from the point of view of insurance, the most
force or threats. Harm is not physical injury but the threat important is that of negligence has been imposed by case
that such injury might occur and the line the law must draw law and by statute over the years by judiciary and
is what constitutes a sufficient threat to be legally parliament.
actionable. Intentional infliction of emotional distress
protects emotional security just as battery protects physical It is a legal wrong for which law allows a remedy in the form
security of money damages and it comes from a Latin word meaning
"twisted" or "turned aside," so a tort is an act that is turned
The crime falls into three categories: aside from the standard of proper conduct-a wrongful act.

Y Crimes against person (Murder, Assault) Tort is actually an infringement of the private/ civil rights
Y Crimes against property (Larceny, Embezzlement, belonging to individuals. These acts can be either intentional
Burglary, House Breaking, Theft) or negligent.

Y Crimes against public order: (treason, Arson, Riot, Civil Sometimes, even if they are unintentional, the tort liability
Commotion) arises. In simple terms, a conduct that troubles other people
or their property is generally known as tort, it may also be
Breach of contract a referred to as crime for which the wrongdoer can be sued
It is the lack of performance by a party to another to satisfy and damages can be recovered. The result of a tort is often
a contract that the parties agreed to and it leads to voidable a 'civil lawsuit'.
in nature.
The person who commits the tort is called the 'defendant'
or 'tortfeasor' and the person who is injured or harmed by
Tort the actions of another person is called the 'plaintiff' or
Tort law is that body of law which covers violations where 'claimant' who can sue for damages. Plaintiff/Claimant, a
one person's behaviour causes injury, suffering, unfair loss, person who injured or harmed by action of another person
or harm to another person. This is a broad category of law is called defendant or tort feaster can sue damages.
that can include many different types of personal injury
claims. Tort laws serve two basic, general purposes: Torts are categorised under civil laws, rather than criminal
Y to compensate the victim for any losses caused by the laws. This means that some torts may involve conduct that
defendant's violations; and is not necessary illegal, but causes harm to another person.
However, some tort cases may involve an overlap with
Y to deter (discourage) the defendant from repeating the criminal laws (such as assault).Some common examples of
violation in the future torts include:
Y Negligence-related claims
A civil wrong breach of duty to/of care arises from the
breach of duty fixed by law such duty towards persons Y Civil assault/civil battery
generally and its breach is redressable by an action for Y Wrongful death claims
unliquidated damages.
Y Trespassing
Y Products liability and dangerous products
A tort is a civil wrong other than a breach of contract, which
gives rise to an action at common law- a breach of duty, Y Intentional inflection of emotional distress

22 The Insurance Times, May 2019