What Is a Tort? The Complete Beginner's Guide

A tort is a civil wrong that causes harm to another person, for which the injured person can seek compensation through a lawsuit. Unlike criminal law (where the government prosecutes wrongs against society), tort law allows individuals to seek remedies for wrongs done to them personally. The word “tort” comes from the French word for “wrong.”

1. Intentional torts: The defendant intended the harmful act. Examples: battery (intentional harmful contact), assault (intentional apprehension of harmful contact), false imprisonment, trespass, intentional infliction of emotional distress.

2. Negligence: The defendant failed to exercise reasonable care. This is the largest category of tort law. Elements: duty, breach, causation, damages.

3. Strict liability: Liability without fault. Applies to abnormally dangerous activities, defective products, and wild animal ownership.

The same conduct can be both a tort and a crime. If D punches V, it's criminal battery (the state prosecutes D) AND the tort of battery (V can sue D for damages). Key differences:

Tort: Plaintiff is the injured person. Burden of proof: preponderance of evidence. Remedy: money damages.
Crime: Plaintiff is the government. Burden of proof: beyond a reasonable doubt. Remedy: imprisonment, fines, probation.

Compensatory damages: Reimburse the plaintiff for their actual losses — medical bills, lost wages, pain and suffering, emotional distress.

Punitive damages: Punish especially bad behavior and deter others. Only available for intentional torts or gross negligence, not ordinary negligence.

Nominal damages: A small symbolic award when the plaintiff's rights were violated but they suffered no actual harm.

Tort law is one of the 1L core courses because it teaches fundamental concepts that appear throughout the legal system: duty, reasonableness, causation, and damages. These concepts apply in contracts (expectation damages), criminal law (mens rea parallels intent), constitutional law (government liability), and virtually every area of practice.