Traditional and Cyber Torts

•  A tort, a private wrong, is an intentional harmful act or a failure to act that causes physical or mental injury to another or damage to another’s property. The perpetrator of a private wrong is subject to a civil lawsuit.

•  All persons (minors included) are legally responsible for their torts.

•  Torts are classified as intentional negligence, or strict liability.

•  Intentional torts—those deliberately committed, include assault and battery, false imprisonment, emotional distress, defamation, invasion of privacy, wrongful death, malicious prosecution, fraud, interference with contractual relations, trespass, conversion, nuisance, and theft of trade secrets. In a civil lawsuit, a defendant may avoid liability for these torts by proving defenses such as consent, privilege, and necessity.

•  Negligence as an intentional tort arises through a person’s carelessness (the failure to act carefully). Legal defenses to negligence include contributory negligence, comparative negligence, and assumption of risk.

•  The third and final category of torts is strict liability. Under this concept, the law imposes liability on people for reasons other than fault. Defendants in lawsuits (under this category) are held liable for carrying on activities or selling products that cause harm to people because they are unreasonably dangerous.Fault would not be an issue in this type of tort. 

•  The usual remedy to an injured party for a tort is money damages—compensatory and/or punitive. When money damages will not provide adequate relief, equitable remedies such as specific performance and injunction are available.