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Tort Law
A tort is a civil wrong of battery, assault, or negligence of wrongful conduct against an
individual. Tort law offers individuals a remedy of recourse to alleviate destruction caused by
wrongful actions of others.1 Tort law concentrations on interpersonal transgression mostly
between private citizens. Tortious commitments are not always entered into on a voluntary basis.
Establishing a tortious act requires a plaintiff to prove there was a duty of care owed to them by
the defendant, causation caused the plaintiff’s injuries, and the duty of care was in some way
breached.
When moving forward with tortious acts the plaintiff must have a solid case to ensure a valid
claim. Tortious claims can result in an award of damages to the plaintiff from the defendant. Tort
law offers individuals a way to hold others accountable when a wrong has occurred. Under tort
law an individual has a way to force another individual to take responsibility and seek
compensation for their injuries and inconvenience.
The factors for authenticating criminal assault and battery are similar to the factors of
authenticating tortuous assault and battery but may not guarantee the defendant will be forced to
compensate the plaintiff for their injuries. Tort law has a remedy of compensation that the
traditional criminal justice system does not offer. Criminal investigators must confirm specific
elements of a crime and prove a suspect has committed the crime before moving forward with
criminal charges while tort law only requires a plaintiff to corroborate that the defendant named
in the case was liable for the negligence, assault, or batter committed against the plaintiff.2 The
intention of criminal law is to rebuke those who disturb permissible customs; while tort law
focuses on civil wrongs.
1 David Weissbrodt, The Common Law Process of Torts 2 (2nd ed. 2021).
2 Joshua Dressler, Understanding Criminal Law, 437, (8th ed. 2018).
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Biblical Significance of Tort Law
The Bible does not utilize the word tort law. The values set out in the book of Exodus contain
guidelines and regulations we are expected to live by. For example, it is written within the
Talmud that a person can be held liable for damages resulting from their negligence and not for
damages caused by an accident. “23But if there is serious injury, you are to take life for life,024eye
for eye, tooth for tooth,0hand for hand, foot for foot,025burn for burn, wound for wound, bruise
for bruise.” 3 From this passage we can confer that seeking damages when one is harmed due to
the negligence of another is the correct course of action.
The Talmud is written documentation of Rabbinic teachings of the Torah and it dates back to
the 2nd – 5th century. The Talmud is commentary on the Mishnah. The laws of the Talmud or
Talmudic law consist of a total of 613 laws.4 Currently, the Talmud is the oldest, legal tradition
still in existence was never finished. The Torah is the foundation for Talmudic custom. The
Talmud covers the Mishnah and has been distributed into multiple works. The Jerusalem Talmud
was composed in the 5th century BC. Assorted opinions are penned inside the Talmud. The bible
emphasizes the crucial need to seek justice and our individual responsibility to protect others and
help the poor. Our current legal systems offer civil justice much like the biblical systems. Some
biblical laws concerning civil liberties are still aligned with current relevance.
In tort law defending another individual is an acceptable action. People should be safeguarded
from retaliation when attempting to or in the process of shielding another.5 Acting in defense of
another individuals should be a natural response. Intervening to aid another individual when they
have been harmed should be a natural response and logical defense for tortious acts. In
3 Exodus 21: 23-25 (NIV)
4 Patrick H. Glenn, Legal Traditions of the World: Sustainable Diversity in Law 109 (5th ed.
2014).
5 Beau Baez III, Tort Law in the United States, 331 (3rd ed. 2020).
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Proverbs31 “Speak0up for those who cannot speak for themselves, for the rights of all who are
destitute. 9Speak up and judge fairly; defend the rights of the poor and needy.”6
From this verse we know that we are expected to speak up and stand up for others that are
unable to stand up for themselves. Defense of others is a binding defense of tortious acts when a
person steps in to defend another individual or to stop a perceived harm to another. Defense of
others protects individuals from culpability of their actions when protecting another individual
from harm by stepping into the shoes of the victim. True believers of Christ have a duty to treat
one another with the compassion and kindheartedness they deserve. Caring for others as we
would like to be treated goes a long way towards our walk with Christ.
The law of Moses projected how careless and neglectful acts could result in civil liability. In
Exodus it states “33“If anyone uncovers a pit0or digs one and fails to cover it and an ox or a
donkey falls into it,034the one who opened the pit must pay the owner for the loss and take the
dead animal in exchange.”7 From this verse we know that God anticipated that individuals would
be capable of causing harm to one another from careless actions. In such situations we are
expected to take responsibility for our actions and make an effort to correct the wrongdoing.
6 Proverbs 31: 8-9
7 Exodus 21: 33-34
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