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United States tort law



         


Under United States tort law, torts are generally divided into two categories: intentional torts and non-intentional torts. Intentional torts include those actions that are intentional and voluntary and that are made with knowledge by the tortfeasor (i.e. the person who committed the tort) upon the plaintiff (the one who brings the complaint seeking relief). Intentional torts include: battery, assault (apprehension of harmful or offensive contact), false imprisonment, intentional infliction of emotional distress, invasion of privacy, fraud, defamation of character (includes libel, which is written defamation of character and slander, which is non-written defamation of character), the real property tort of trespass to land, and the personal property torts of conversion and trespass to chattels.

Amongst unintentional torts one finds negligence as being the most common source of litigation in most American courts. It is a form of extracontractual liability that is based upon a duty of care of a reasonable person, who, being the proximate cause of damages, and but for the tortfeasor's act, is the cause of damages to the plaintiff. Other non-intentional torts include negligent infliction of emotional harm (not recognized in all states), malpractice (professional negligence), and product liability (liability of manufacturers, wholesalers and retailers for unreasonably dangerous products).





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