Editing Tort (section)

===History===
Torts and crimes in common law originate in the [[Germanic law|Germanic]] system of compensatory [[Fine (penalty)|fines]] for wrongs, with no clear distinction between crimes and other wrongs.<ref name="Malone" /> In [[Anglo-Saxon law]], most wrongs required payment in money paid to the wronged person or their clan.<ref>See [http://www.fordham.edu/halsall/source/560-975dooms.asp Medieval Sourcebook: The Anglo-Saxon Dooms, 560–975] {{Webarchive|url=https://web.archive.org/web/20141006150341/http://www.fordham.edu/halsall/source/560-975dooms.asp |date=6 October 2014 }}. ''Internet Medieval Source Book'' by Fordham University.</ref> Fines in the form of ''wīte'' ({{literal|blame|fault}}) were paid to the king or holder of a court for disturbances of public order, while the fine of ''[[weregild]]'' was imposed on those who committed murder with the intention of preventing blood [[feud]]s.<ref name="Malone">Malone WS. (1970). [http://guweb2.gonzaga.edu/~dewolf/torts/pdf/31louis1.pdf "Ruminations on the Role of Fault in the History of the Common Law of Torts"]. ''Louisiana Law Review''.</ref> Some wrongs in later law codes were ''botleas'' 'without remedy' (e.g. theft, open murder, arson, treason against one's lord), that is, unable to be compensated, and those convicted of a ''botleas'' crime were at the king's mercy.<ref>Bruce R. O'Brien, "Anglo-Saxon Law", in ''The Oxford International Encyclopedia of Legal History'', vol. 1 (Oxford: Oxford UP, 2009), 179.</ref> Items or creatures which caused death were also destroyed as [[deodand]]s. [[Alfred the Great]]'s [[Doom Book]] distinguished unintentional injuries from intentional ones, and defined culpability based on status, age, and gender. After the [[Norman Conquest]], fines were paid only to courts or the king, and quickly became a revenue source. A wrong became known as a ''tort'' or ''trespass'', and there arose a division between civil pleas and pleas of the crown.<ref>David Ibbetson, "Tort: English Common Law", in ''The Oxford International Encyclopedia of Legal History'', vol. 5 (Oxford: Oxford UP, 2009), 467.</ref> The petty [[assizes]] (i.e. [[Assize of novel disseisin|of novel disseisin]], [[Assize of mort d'ancestor|of mort d'ancestor]], and [[Assize of darrein presentment|of darrein presentment]]) were established in 1166 as a remedy for interference with possession of freehold land. The [[trespass]] action was an early civil [[plea]] in which damages were paid to the victim; if no payment was made, the defendant was imprisoned. It arose in local courts for [[slander]], [[breach of contract]], or interference with land, goods, or persons. Although the details of its exact origin are unclear, it became popular in royal courts so that in the 1250s the writ of trespass was created and made ''de cursu'' (available by right, not fee); however, it was restricted to interference with land and forcible breaches of the king's peace. It may have arisen either out of the "appeal of felony", or assize of novel disseisin, or [[replevin]]. Later, after the [[Statute of Westminster 1285]], in the 1360s, the "trespass on the case" action arose for when the defendant did not direct force.<ref name=Malone/> As its scope increased, it became simply "action on the case". The English Judicature Act passed 1873 through 1875 abolished the separate actions of trespass and trespass on the case.<ref name=Malone/>

In 1401, the English case ''[[Beaulieu v Finglam]]'' imposed strict liability for the escape of fire; additionally, strict liability was imposed for the release of cattle.<ref name=Malone/> Negligently handling fire was of particular importance in these societies given capacity for destruction and relatively limited firefighting resources. Liability for [[common carrier]], which arose around 1400, was also emphasised in the medieval period.<ref name=Malone/> Unintentional injuries were relatively infrequent in the medieval period. As transportation improved and carriages became popular in the 18th and 19th centuries, however, collisions and carelessness became more prominent in court records.<ref name=Malone/> In general, scholars of England such as [[William Blackstone]] took a hostile view to litigation, and rules against [[champerty and maintenance]] and [[vexatious litigation]] existed.<ref>Sebok A. (2011). [https://ssrn.com/abstract=2103465 What is Wrong with Wrongdoing]. ''[[Florida State University]] Law Review''.</ref>  The right of victims to receive [[wiktionary:redress|redress]] was regarded by later English scholars as one of the [[rights of Englishmen]].<ref name="Goldberg_2005">Goldberg JCP. (2005). [https://ssrn.com/abstract=789784 The constitutional status of tort law: Due process and the right to a law for the redress of wrongs]. ''Yale Law Journal''.</ref> Blackstone's ''[[Commentaries on the Laws of England]]'', which was published in the late 18th century, contained a volume on "private wrongs" as torts and even used the word ''tort'' in a few places.<ref name="Goldberg_2005" />

In contemporary common law jurisdictions, successful claimants in both tort and contract law must show that they have suffered [[Proximate cause|foreseeable]] loss or harm as a [[Causation (law)|direct result]] of the [[Breach of duty in English law|breach of duty]].{{efn|Under the UK [[Contracts (Rights of Third Parties) Act 1999]], a person may enforce a contract even when they are not a party to it.}}{{efn|If an employee injures himself in the course and scope of employment, he will be both tortfeasor and claimant under the rule of [[vicarious liability]].}} Legal injuries addressable under tort law in common law jurisdictions are not limited to [[Physical injury|physical injuries]] and may include emotional, economic,{{efn|[[Pure economic loss]] is rarely recoverable.}} or reputational injuries as well as violations of [[Privacy law|privacy]], property, or constitutional rights. Torts comprise such varied topics as [[auto accidents|automobile accidents]], [[false imprisonment]], [[defamation]], [[product liability]], [[copyright infringement]], and environmental pollution ([[toxic torts]]). Modern torts are heavily affected by insurance and [[insurance law]], as many cases are settled through [[claims adjuster|claims adjustment]] rather than by trial, and are defended by insurance lawyers, with the [[insurance policy]] setting a ceiling on the possible payment.<ref>Goldberg JCP. (2008). [https://ssrn.com/abstract=1122324 Ten Half-Truths About Tort Law]. ''Valparaiso University Law Review''.</ref>