‘What Does It Mean for Something to Be a Tort?’

“Whenever I say Title VII is not a tort, I get quite a bit of pushback about this claim. It makes sense to start this post by explaining what I mean. There is not one fixed definition of what a tort is. Tort law can be defined as being ‘about the wrongs that a private litigant must establish to entitle her to a court’s assistance in obtaining a remedy and the remedies that will be made available to her”: John CP Goldberg and Benjamin C Zipursky, Torts as Wrongs, 88 Texas Law Review 917, 919 (2010). Another common definition of a tort is a ‘civil wrong, other than breach of contract, for which the court will provide a remedy’: W Page Keeton, et al, Prosser and Keeton on The Law of Torts 1, 2 (5th ed 1984) …” (more)

[Sandra Sperino, New Private Law, 6 October]

First posted 2015-10-06 13:32:00

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