Tort

Tort, a harmful wrong (other than a breach of contract) for which courts will provide a remedy, usually damages, to a private party. Torts include injuries to persons, such as injuries caused by negligent automobile accidents, medical malpractice, or product defects; injuries to property, such as nuisances and trespasses; and injuries to reputation. Courts allow recovery when a defendant breaches a legal duty to a plaintiff and this breach proximately causes an injury recognized under the law.

Under the federal system, state courts and legislatures are primarily responsible for developing the law of torts. The Supreme Court sometimes finds that state law conflicts with the Constitution or is preempted by federal statutes. For example, since 1964 the Supreme Court has substantially altered the torts of defamation and invasion of privacy, holding that state tort law may violate constitutional protections of free speech. Moreover, the Court has considered several attempts to establish constitutional limits on the award of punitive damages. In another area, the Supreme Court frequently concludes that federal environmental statutes preempt state common‐law actions for nuisance (see Environment).

The Court also applies state tort law in federal cases. For example, state tort law is followed in diversity of citizenship cases and in suits brought against the United States under the Federal Tort Claims Act.

In a few cases, the Supreme Court finds the creation of a federal tort authorized, expressly or implicitly, by statute or under the Constitution. Civil damage remedies for violations of constitutional rights are recognized both under section 1983 of the Civil Rights Act of 1964 and under a cause of action implied in the Constitution.1983

Donald G. Gifford