quasi-tort
{{Tort law}}
Quasi-tort is a legal term that is sometimes used to describe unusual tort actions, on the basis of a legal doctrine that some legal duty exists which cannot be classified strictly as negligence in a personal duty resulting in a tort nor as a contractual duty resulting in a breach of contract, but rather some other kind of duty recognizable by the law. It has been used, for example, to describe a tort for strict liability arising out of product liability, although this is typically simply called a 'tort'.See, e.g., Gilmore G. (1970). [http://heinonlinebackup.com/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/uclr38§ion=13 Products liability: a commentary]. University of Chicago Law Review.
Although it is not to be found in most legal dictionaries, it has been used by some scholars such as Sri Lankan Lakshman Marasinghe. Lakshman proposes that the doctrine provides legal relief that falls outside tort or contract, but with some of the characteristics of tort or contract, as can be found in restitution (including unjust enrichment),Pavey & Matthews Property v Paul (1987) 162 CLR 221 equity (including unconscionable conductCommercial Bank of Australia Limited v Amadio (1983) 151 CLR 447), beneficiaries under a trust of the benefit of a promise, people protected by the valid assignment of promise, fiduciary duty, and contracts of insurance.Trident General Insurance Co Ltd v. McNiece Bros Pty Ltd (1988) 165 CLR 107
As a third type of civil wrong
In Tort Theory, Lakshman Marasinghe posits that quasi-delict, a doctrine in civil law jurisdictions, exists as well in common law.Lakshman Marasinghe, "Towards Quasi-Tort in the Common Law?", in Kenneth D. Cooper-Stephenson, Elaine Gibson, Tort Theory (Captus Press, 1993, {{ISBN|0-921801-87-4}}, {{ISBN|978-0-921801-87-0}}), found at [https://books.google.com/books?id=2OyI7KuMBvcC&dq=%22quasi+tort%22&pg=PA342 Google search result]. Retrieved November 24, 2008. Marasinghe thus argues against Viscount Haldane's dictum in Sinclair v Brougham, that the only common law civil causes of action are, by definition, contract and tort.
Brooklyn Law School's law review had an article with a similar argument, "Contractor Duty to Third Parties Not in Privity: A Quasi-Tort Solution to the Vexing Problem of Victims of Nonfeasance."Note, "Contractor Duty to Third Parties Not in Privity: A Quasi-Tort Solution to the Vexing Problem of Victims of Nonfeasance." Brooklyn Law Review, Volume 63, Issue 2, found at [http://www.brooklaw.edu/students/journals/blr/632tc.htm Brooklyn Law School website] {{webarchive |url=https://web.archive.org/web/20080821071652/http://www.brooklaw.edu/students/journals/blr/632tc.htm |date=August 21, 2008 }}. Retrieved November 24, 2008.
Malta recognizes quasi-tort as a third type of liability.[http://www.synergene.net/disclaimer.asp Synergene website disclaimer] {{webarchive |url=https://web.archive.org/web/20061231124208/http://www.synergene.net/disclaimer.asp |date=December 31, 2006 }}. Retrieved November 24, 2008.[http://www.cdf.com.mt/pages/terms.htm CDF website disclaimer]. Retrieved November 24, 2008.Syllabii summary, "CVL1007 Roman Law of Obligations," and "CVL3003 Obligations II & Tort," found at [http://home.um.edu.mt/laws/test/erasmus.html University of Malta Faculty of Laws website]. Retrieved November 24, 2008. Belgium also has quasi-tort.[http://www.sywawa.be/index.php?id=disclaimer Sywawa website disclaimer] {{webarchive |url=https://web.archive.org/web/20081006131832/http://www.sywawa.be/index.php?id=disclaimer |date=October 6, 2008 }}. Retrieved November 24, 2008.
As a violation of a statutory or regulatory scheme
Tort law has been modified by statute to expand protection, and limit liability. Many tort law statutes have their origins in common law, and are interpreted through common law. These include worker's compensation, insurance law, consumer protection laws, labor law,See, Syllabus summary, "LAW-665 Employment and Labor Law: Workers and the Law," found at [http://www.wcl.american.edu/registrar/elective_courses.cfm American University Law School website] {{webarchive |url=https://web.archive.org/web/20081012015421/http://www.wcl.american.edu/registrar/elective_courses.cfm |date=October 12, 2008 }}. Retrieved November 24, 2008. products liability law, energy law, compensation to relatives on death, anti-discrimination law,Julie C. Suk, "Antidiscrimination Law in the Administrative State," University of Illinois Law Review, Vol. 2006, No. 2, p. 101, 2006, Cardozo Legal Studies Research Paper No. 146, Princeton Law and Public Affairs Working Paper No. 06-004, Abstract found at
[https://ssrn.com/abstract=869256 SSRN website]. Retrieved November 24, 2008. and other miscellaneous and difficult-to-categorize areas of law. This may include statutory law or administrative regulation(A "case of regulation or quasi-tort") See "Why get philosophical about it?", found at [http://cyber.law.harvard.edu/bridge/Philosophy/takings1a.txt.htm Harvard Law Review website] and [http://cyber.law.harvard.edu/bridge/Philosophy/takings1b.txt.htm Harvard Law Review website]. Retrieved November 24, 2008. that define, aid interpretation (construction), provide means to calculate quantum of damages, clarify personal responsibility, or replace torts with their origins in common law.
As a miscellaneous type of wrong-doing
Lakshman suggests there may be scholars who have viewed certain recently created torts, such as negligent infliction of emotional distress, as quasi-torts.
Raymond T. Nimmer used the term in:- "Restatement (Second) of Torts section 552 on negligent misrepresentation ... deals with a quasi-tort, quasi-contract form of liability."Raymond T. Nimmer, "Breaking Barriers: The Relation Between Contract and Intellectual Property Law," found at [http://www.law.berkeley.edu/journals/btlj/articles/vol13/Nimmer/html/text.html U. of California Berkeley Law School website] {{webarchive |url=https://web.archive.org/web/20080705224720/http://www.law.berkeley.edu/journals/btlj/articles/vol13/Nimmer/html/text.html |date=July 5, 2008 }}. Retrieved November 24, 2008.
Lakshman Marasinghe posits that it is a category where the wrong is both a contract and a tort, such as with legal malpractice,Francis M. Burdick, The Law of Torts, p. 28, (Beard Books, 2000, {{ISBN|1-58798-000-2}}, {{ISBN|978-1-58798-000-8}}), found at [https://books.google.com/books?id=OrAYJIeC-4cC&dq=%22quasi+tort%22&pg=PA28]. Retrieved November 24, 2008. or medical malpractice. For example, New York law applies the same statute of limitations "for medical, dental or podiatric malpractice to be commenced within two years and six months," whether under contract or tort theories.N.Y. CPLR § 214-a, found at [http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS New York State Assembly official website]. Retrieved November 24, 2008.
Some equity actions can be viewed as quasi-torts, such as quiet title and qui tam actions.
References
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