Editing Tort (section)

==Overview==
In common, civil, and mixed law jurisdictions alike, the main remedy available to plaintiffs under tort law is compensation in [[damages]], or money. Further, in the case of a continuing tort, or even where harm is merely threatened, the courts will sometimes grant an [[injunction]], such as in the English case of ''[[Miller v Jackson]]''. Usually injunctions will not impose positive obligations on [[wikt:tortfeasor|tortfeasors]], but some jurisdictions, such as those in [[Australia]], can make an order for [[specific performance]] to ensure that the [[defendant]] carries out certain legal obligations, especially in relation to nuisance matters.<ref>Currie, S., & Cameron, D. (2000), "Your Law", ''Nelson Thomson Learning'', Melbourne, p. 225</ref> At the same time, each legal system provides for a variety of defences for defendants in tort claims which, partially or fully, shield defendants from liability. In a limited range of cases varying between jurisdictions, tort law will tolerate self-help as an appropriate remedy for certain torts. One example of this is the toleration of the use of reasonable force to expel a trespasser, which is typically also a defence against the tort of battery.

In some, but not all, [[Civil law (legal system)|civil]] and [[mixed legal system|mixed law]] jurisdictions, the term [[delict]] is used to refer to this category of civil wrong, though it can also refer to criminal offences. Other jurisdictions may use terms such as extracontractual responsibility (France) or civil responsibility (Québec). In [[comparative law]], the term tort is generally used.{{efn|For instance, despite the common belief that the term "tort" exclusively refers to civil liability in common law jurisdictions, Wikipedia has articles discussing [[conflict of tort laws]], [[European tort law]], and [[Tort Law in China]], only using the term [[delict]] in articles about jurisdictions which specifically use the term to refer to torts (e.g. [[Scots Law of Delict]] and [[South African law of delict]]). Similarly, the English version of the [[Civil Code of the People's Republic of China]], uses the term "tortfeasor" to refer to individuals who incur civil liability.<ref name=CCPRC1VIII>{{Cite web|url=https://en.wikisource.org/wiki/Civil_Code_of_the_People's_Republic_of_China/Book_One#Chapter_VIII_Civil_Liability|title=Civil Code of the People's Republic of China|first=National People's|last=Congress|via=Wikisource}}</ref>}} The word 'tort' was first used in a legal context in the 1580s,{{efn|The word is derived from Old French and [[Anglo-Norman language|Anglo-French]] "tort" (injury), which is derived from [[Medieval Latin]] {{Lang|la-x-medieval|tortum}}.<ref>{{cite web| url = http://www.etymonline.com/index.php?term=tort&allowed_in_frame=0| title = Online Etymology Dictionary}}</ref>}} although different words were used for similar concepts prior to this time. A person who commits a tortious act is called a tortfeasor. Although crimes may be torts, the [[cause of action|cause of legal action]] in civil torts is not necessarily the result of criminal action. A victim of harm, commonly called the [[injury (law)|injured]] party or [[plaintiff]], can recover their losses as [[damages]] in a [[lawsuit]]. To prevail, the plaintiff in the lawsuit must generally show that the tortfeasor's actions or lack of action was the [[proximate cause]] of the harm, though the specific requirements vary between jurisdictions.