Quasi-tort
Encyclopedia
Quasi-tort is a legal doctrine
that some legal duty exists that can not be classified strictly as a personal duty (that is, resulting in a tort
), nor as a contract
ual duty (thus resulting in a breach of contract
), but rather some other kind of duty recognizable by the law
. It is not universally recognized or defined.
, a doctrine in civil law
jurisdictions, exists as well in common law. 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."
Malta
recognizes quasi-tort as a third type of liability. Belgium
also has quasi-tort.
, consumer protection
laws, labor law, products liability law, energy law
, anti-discrimination law
, and other miscellaneous and difficult-to-categorize areas of law. This may include statutory law
or administrative regulation
as quasi-torts that replace or substitute for the tort regime.
, as quasi-torts.
According to at least one scholar, "Restatement (Second) of Torts section 552 on negligent misrepresentation ... deals with a quasi-tort, quasi-contract
form of liability
."
Another, related view, is that it is a category where the wrong is both a contract and a tort, such as with legal malpractice
, 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.
Some equity actions can be viewed as quasi torts, such as Quiet title
and Qui tam
actions.
Legal doctrine
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows...
that some legal duty exists that can not be classified strictly as a personal duty (that is, resulting in a tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
), nor as a contract
Contract
A contract is an agreement entered into by two parties or more with the intention of creating a legal obligation, which may have elements in writing. Contracts can be made orally. The remedy for breach of contract can be "damages" or compensation of money. In equity, the remedy can be specific...
ual duty (thus resulting in a breach of contract
Breach of contract
Breach of contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance....
), but rather some other kind of duty recognizable by the law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
. It is not universally recognized or defined.
As a third type of civil wrong
In Tort Theory, scholar Lakshman Marasinghe posits that quasi-delictQuasi-delict
Quasi-delict is a French legal term used in some civil law jurisdictions, encompassing the common law concept of negligence as the breach of a non-wilful extra-contractual obligation to third parties.-External links:*...
, a doctrine in civil law
Civil law (legal system)
Civil law is a legal system inspired by Roman law and whose primary feature is that laws are codified into collections, as compared to common law systems that gives great precedential weight to common law on the principle that it is unfair to treat similar facts differently on different...
jurisdictions, exists as well in common law. Marasinghe thus argues against Viscount Haldane's dictum
Dictum
In United States legal terminology, a dictum is a statement of opinion or belief considered authoritative though not binding, because of the authority of the person making it....
in Sinclair v. Brougham, that the only common law civil causes of action
Cause of action
In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit...
are, by definition, contract and tort.
Brooklyn Law School
Brooklyn Law School
Brooklyn Law School is a law school located in Brooklyn Heights, in Downtown Brooklyn, New York.-History:Founded in 1901 by William Payson Richardson and Norman P. Heffley, Brooklyn Law School was the first law school on Long Island. Using space provided by Heffley’s business school, the law...
's law review
Law review
A law review is a scholarly journal focusing on legal issues, normally published by an organization of students at a law school or through a bar association...
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."
Malta
Malta
Malta , officially known as the Republic of Malta , is a Southern European country consisting of an archipelago situated in the centre of the Mediterranean, south of Sicily, east of Tunisia and north of Libya, with Gibraltar to the west and Alexandria to the east.Malta covers just over in...
recognizes quasi-tort as a third type of liability. Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
also has quasi-tort.
As a violation of a statutory or regulatory scheme
Some scholars have categorized certain types of law as quasi-torts. These include worker's compensation, insurance lawInsurance law
Insurance law is the name given to practices of law surrounding insurance, including insurance policies and claims. It can be broadly broken into three categories - regulation of the business of insurance; regulation of the content of insurance policies, especially with regard to consumer...
, consumer protection
Consumer protection
Consumer protection laws designed to ensure fair trade competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional...
laws, labor law, products liability law, energy law
Energy law
Energy laws govern the use and taxation of energy, both renewable and non-renewable. These laws are the primary authorities related to energy...
, anti-discrimination law
Anti-discrimination law
Anti-discrimination law refers to the law on people's right to be treated equally. Some countries mandate that in employment, in consumer transactions and in political participation people may be dealt with on an equal basis regardless of sex, race, ethnicity, nationality, sexuality and sometimes...
, and other miscellaneous and difficult-to-categorize areas of law. This may include statutory law
Statutory law
Statutory law or statute law is written law set down by a legislature or by a legislator .Statutes may originate with national, state legislatures or local municipalities...
or administrative regulation
Regulation
Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...
as quasi-torts that replace or substitute for the tort regime.
As a miscellaneous type of wrong-doing
Some scholars have viewed certain recently-created torts, such as negligent infliction of emotional distressNegligent infliction of emotional distress
The tort of negligent infliction of emotional distress is a controversial cause of action, which is available in nearly all U.S. states but is severely constrained and limited in the majority of them. The underlying concept is that one has a legal duty to use reasonable care to avoid causing...
, as quasi-torts.
According to at least one scholar, "Restatement (Second) of Torts section 552 on negligent misrepresentation ... deals with a quasi-tort, quasi-contract
Quasi-contract
A quasi-contract is a fictional contract created by courts for equitable, not contractual purposes. A quasi-contract is not an actual contract, but is a legal substitute for a contract formed to impose equity between two parties. The concept of a quasi-contract is that of a contract that should...
form of liability
Legal liability
Legal liability is the legal bound obligation to pay debts.* In law a person is said to be legally liable when they are financially and legally responsible for something. Legal liability concerns both civil law and criminal law. See Strict liability. Under English law, with the passing of the Theft...
."
Another, related view, is that it is a category where the wrong is both a contract and a tort, such as with legal malpractice
Legal malpractice
Legal malpractice is the term for negligence, breach of fiduciary duty, or breach of contract by an attorney that causes harm to his or her client...
, or medical malpractice
Medical malpractice
Medical malpractice is professional negligence by act or omission by a health care provider in which the treatment provided falls below the accepted standard of practice in the medical community and causes injury or death to the patient, with most cases involving medical error. Standards and...
. For example, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
law applies the same statute of limitations
Statute of limitations
A statute of limitations is an enactment in a common law legal system that sets the maximum time after an event that legal proceedings based on that event may be initiated...
"for medical
Physician
A physician is a health care provider who practices the profession of medicine, which is concerned with promoting, maintaining or restoring human health through the study, diagnosis, and treatment of disease, injury and other physical and mental impairments...
, dental
Dentist
A dentist, also known as a 'dental surgeon', is a doctor that specializes in the diagnosis, prevention, and treatment of diseases and conditions of the oral cavity. The dentist's supporting team aides in providing oral health services...
or podiatric malpractice
Malpractice
In law, malpractice is a type of negligence in, which the professional under a duty to act, fails to follow generally accepted professional standards, and that breach of duty is the proximate cause of injury to a plaintiff who suffers harm...
to be commenced within two years and six months," whether under contract or tort theories.
Some equity actions can be viewed as quasi torts, such as Quiet title
Quiet title
An action to quiet title is a lawsuit brought in a court having jurisdiction over land disputes, in order to establish a party's title to real property against anyone and everyone, and thus "quiet" any challenges or claims to the title....
and Qui tam
Qui tam
In common law, a writ of qui tam is a writ whereby a private individual who assists a prosecution can receive all or part of any penalty imposed...
actions.
See also
- Equity (law)
- Joint and several liabilityJoint and several liabilityWhere two or more persons are liable in respect of the same liability, in most common law legal systems they may either be:* jointly liable, or* severally liable, or* jointly and severally liable.-Joint liability:...
- JurisprudenceJurisprudenceJurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
- Quasi-criminalQuasi-criminalQuasi-criminal means a lawsuit or equity proceeding that has some, but not all, of the qualities of a criminal prosecution. It may appear in either a Common law or a Civil law jurisdiction...
- Quasi-contractQuasi-contractA quasi-contract is a fictional contract created by courts for equitable, not contractual purposes. A quasi-contract is not an actual contract, but is a legal substitute for a contract formed to impose equity between two parties. The concept of a quasi-contract is that of a contract that should...
- Quasi-delictQuasi-delictQuasi-delict is a French legal term used in some civil law jurisdictions, encompassing the common law concept of negligence as the breach of a non-wilful extra-contractual obligation to third parties.-External links:*...
- Quasi-propertyQuasi-propertyQuasi-property is a legal concept, in which some rights similar to ownership may accrue to a party who does an act which benefits society as a whole. Black's Law Dictionary defines "quasi" as being "almost" or "resembling" - but not actually the same as the suffix item...