Also known as: delicts · deliction · delictual · delictum · tort · civil wrong
Written by attorneys · grounded in primary & secondary sources — see below
A civil wrong consisting of a wrongful act or omission that infringes another's interests and gives rise to a claim for compensation. The concept encompasses both intentional and negligent conduct that creates liability independent of any contractual duty.
Diego Duarte told Damian Decker he would destroy Decker's business equipment unless Decker signed a release of claims. Decker signed under the pressure. A court later found the threat constituted an improper inducement because it involved a delict that would itself support tort liability.
Dustin Donovan published false statements online targeting Dwight Dorsey's reputation in the forum state. Dorsey suffered emotional harm there. The forum court exercised jurisdiction over Donovan under the effects test because the delict was expressly aimed at the state.
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Dixon Foods granted a security interest in its delivery trucks to secure a loan. The trucks remained movable at attachment. The creditor's interest attached to the goods because they qualified as tangible personal property subject to the delict-based conversion claim if wrongfully taken.
Deanna Davenport suffered broken ribs when a delivery driver backed into her. The jury awarded a sum of money to compensate for medical costs and pain. The award represented damages arising directly from the driver's delict.
Damian Decker, trustee of a family trust, negligently allowed trust property to be damaged during repairs. The beneficiary sued Decker in his fiduciary capacity for the resulting loss. The claim proceeded as a delict committed in the course of trust administration.
Dylan Duffy broke his engagement to Deanna Davenport after she spent substantial sums preparing for the wedding. Davenport sued for actual losses and emotional harm. The court permitted recovery because the action retained a quasi-tort character allowing damages for the delict-like injury.
A delict arises from a wrongful act or omission that infringes interests without regard to any prior agreement. Contract liability instead stems from failure to perform a promised duty. Courts may award punitive damages for a delict when malice is shown, but such damages are unavailable for ordinary contract breaches unless the conduct also constitutes an independent tort.
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Yes. When a defendant commits an intentional delict expressly aimed at the forum state and knows the harm will be felt there, jurisdiction may exist even with limited physical contacts. The test focuses on the defendant's purposeful direction of the tortious conduct toward the forum.
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A claim arising from a tort committed during trust administration may be brought against the trustee in a fiduciary capacity. Personal liability of the trustee arises only if the trustee is personally at fault. The claim may proceed regardless of whether the trustee faces personal exposure.
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Recovery may include actual expenditures made in preparation for marriage as well as damages for loss of reputation, mental anguish, and injury to health. Expected benefits such as social position are not recoverable. Punitive damages may be awarded upon a showing of malice.
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…in narrowly defined situations and except when the rights are contingent upon live birth. For example, the traditional rule of tort law denied recovery for prenatal injuries even though the child was born alive.[^maj-63] That rule has been changed in almost every jurisdiction. In most States, recovery is said to be…