TORTS- A tort is a civil wrong, as opposed to a criminal wrong. The Law of Tort entitles a person who has suffered damage or loss to claim damages in compensation of this injury.


action and suit. A mode of proceeding in court to enforce a private right, to redress or prevent a private wrong, or to punish a public offense. Originally, 
action referred exclusively to proceedings in a court of law, while suit referred to proceedings in chancery (equity), as well as prosecutions at law. Today 
since virtually all jurisdictions have merged the administration of law and equity, the terms action and suit are interchangeable.


The standard method of commencing a claim in the UK under the CPR is when the court issues a claim form prepared for or by the claimant, at the request of 
the claimant. This form sets out the essential details of the claim, incorporating a concise statement of the nature of the cause of action and a statement 
of the remedy sought. The claimant is also required to provide rather fuller particulars of a claim which must include a concise statement of the facts upon 
which he or she relies. A copy of the claim form is served on the defendant (respondent) together with a “response pack” containing: a) form of admission, b) 
form of defense, c) counterclaim form, and d) acknowledgment of service form, i.e. the defendant is expected either to admit, or to defend, or to claim 
against, as long as he or she responds within a given period. If the defendant does not respond (or does not apply for time extension), the court may
decide in favor of the claimant (default action).


In the USA, a claimant (plaintiff) must file a complaint with the proper court. This document sets forth the details of the plaintiff's "causes of action" 
against the defendant. The plaintiff must then serve on the defendant a copy of the complaint, along with a summons (a document which legally summons the 
defendant to court and requires him to file an answer). The parties may then conduct discovery, a process which allows parties to discover facts about their 
opponent's case. After a limited period of discovery, the case proceeds to arbitration (an informal and usually less expensive type of adjudicatory procedure) or trial if the parties do not settle (reach an agreement about their dispute).


Civil actions are filed with or assigned to a court of appropriate jurisdiction.
In the UK
a) small claims track is usually limited to claims not exceeding 5000 pounds
b) fast track is the normal track for claims broadly falling between 5000 and 15,000 pounds and
which it is estimated will be disposed of by a trial that would not normally take more than a day
c) multi-track is the track that deals with more complex claims with greater monetary value.
In the USA,
a)small claims courts usually handle matters up to 5000 dollars
b)municipal courts handle matters up to 25,000 dollars
c) superior courts handle matters with greater monetary value.
Cases may also be filed in a Federal Court if the case involves a "federal question" (a dispute covered by federal law as opposed to state law) or when there 
is "diversity of citizenship" (the parties are from different states or countries).

The following TORTS are usually actionable (give the right to bring a legal action) in common law jurisdictions:
1. ASSAULT- An intentional act which causes a reasonable apprehension of imminent harmful or offensive contact.

2. BATTERY- An intentional act which causes harmful or offensive contact to the victim’s person.

3. FALSE IMPRISONMENT- An intentional act which causes confinement or restraint of the victim within a bounded area.

4. MALICIOUS PROSECUTION- the institution of wrongful criminal proceedings against another, resulting in damage to the victim

5. ABUSE OF PROCESS- the misuse of either a criminal or civil legal process for an ulterior purpose, which results in damage to the victim

6. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS- extreme and outrageous conduct which intentionally or recklessly causes the victim severe mental distress.

7. NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS- extreme and outrageous conduct which breaches a duty and recklessly causes the victim severe mental distress.

8. INTENTIONAL INTERFERENCE WITH CONTRACTUAL RELATIONS OR PROSPECTIVE ECONOMIC RELATIONS- an unlawful act which interferes with the performance of a contract 
or an existing economic relationship

9. WRONGFUL TERMINATION- the discharge of an employee for a reason that contravenes public policy

10. BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING- an intentional and unlawful act which violates the duty of good faith and fair dealing imposed by 
every contract 

11. FRAUD/FRAUDULENT MISREPRESENTATION- intentional or reckless misrepresentation of a material fact which induces a victim’s reliance and causes damages

12. NEGLIGENCE- breach of a duty which proximately causes damages to the victim

13. CONVERSION- substantial interference with chattel (personal property) causing a deprivation of possession 

14. DEFAMATION- an intentional false communication that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; 
or induces disparaging, hostile, or disagreeable opinions or feelings against a person. SLANDER is oral/verbal/spoken defamation. LIBEL is written/published 
defamation.

15. TRESPASS- knowingly entering or unlawfully remaining on a premises without license, invitation or privilege to do so


extra concepts-
proximate cause/but for cause/ causation
eggshell skull
multiple causes