The victim can file a lawsuit against the accused perpetrator if a tort has been committed. New York’s tort statutes recognize many tort causes of action. Some CoAs are common, while others are rarer and more obscure. With the assistance of lawyers and a court, victims can seek compensation from the wrongdoer if they sustain any injury. A classic example of the tort of defamation is the Johnny Depp vs. Amber Heard case (Depp V. Heard). Which the plaintiff won,

What is a tort cause for action?

A tort in New York is any illegal act that causes injury to another person’s property, reputation, or other similar things.

Example: A plaintiff injured in a tort situation may file a claim to receive lost wages for the time they missed from work because of their injury. A claim for damages due to loss of earning ability may be possible if the plaintiff’s injuries impact their future earnings.

List of tort causes for action.

There has been a substantial rise in a commercial lawsuit in an age where the world is a global marketplace. Here are the main types of torts that can lead to the CoA in New York, including commercial litigation torts.

Trade secrets stolen

New York law recognizes that employers want to minimize the chance that workers will profit from the employer’s proprietary information. These clauses are subject to strict review by the courts and can only be upheld if they meet specific standards of reasonableness.

Conversion of business property

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The plaintiff does not have to prove that the defendant “intentioned” to take or exercise their rights in the court. It suffices to show that the defendant acted illegally. Examples of conversion include transferring the plaintiff’s property or unlawfully combining the plaintiff’s and the defendant’s finances.

Trade practices that are deceptive or illegal

The state attorney general and private individuals can file a claim under New York General Business Law for unfair or illegal business practices. New York’s Consumer Protection from Misleading Acts & Practices Statute protects consumers from deceptive acts or practices in commerce, business, commerce, and the provision of services. This legislation often covers consumer-targeted false and deceptive advertising.

Breach of fiduciary obligation

Fiduciary duties require a person to act in the best interest of another person or entity. The relationship between the parties usually includes a fiduciary duty or trust to use their discretion or knowledge in the other party’s best interests. There are three types of fiduciary duties: the responsibility of care and the duty of loyalty. Two examples of behavior that could be considered a violation of a fiduciary obligation are self-dealing and lying.

To establish a legal claim of breach, the plaintiff must prove that there was a fiduciary relationship and responsibility, that the obligation was breached, and that damages were suffered as a consequence.

Negligence

Neglect is the most common of all tort claims. Neglect is when a tortfeasor, the person who commits a wrong, acts carelessly. The tortfeasor becomes responsible for any injury they cause to another person.

Four components are required to prove a negligence claim in court. The plaintiff must prove the existence of each condition.

It is considered insufficient if any of the four components of a negligence claim cannot be proven. In order to prove negligence/carelessness, a person must have a duty to another person, violate that obligation, and then be responsible for the injury that resulted from that breach to the other person.

Assault

A civil assault is an intentional act of the defendant that makes the plaintiff fear for their safety or inflicts harm. It is not necessary to interact with the defendant. This contrasts criminal law’s equivalent, where interaction is often necessary. A person can be assaulted if they are guilty of an intentional tort.

Batteries

The battery is when a defendant makes injurious or objectionable contact with a plaintiff. If the torts of assault and battery coexist, they will be called assault and battery. Battery is the closest similar term for criminal assault. The battery is an intentional tort requiring the plaintiff to prove that the defendant “intentionally or knowingly” committed the offense against the victim.

Trespass on land

Trespassing to land means the defendant intentionally intrudes on the plaintiff’s property. Trespass to land and criminal trespass are very similar. It is an intentional injury to property.

Defamation

Defamation occurs when the defendant makes a false statement about a plaintiff and then communicates it to another party. This is often called publishing. This can damage the reputation of the plaintiff. New York Times Co. v. Sullivan (376 U.S. 254) (1964) established the precedent that a defendant must have “actual malice” in making the defamatory statements to give official public damage for defamation. According to the court’s definition, the defendant acted with reckless disregard for truth or had actual knowledge that the statement they posted was false.

Claim of Unjust Enrichment

Unlike the other CoAs, unjust enrichment is not an inherently intentional tort. New York’s courts determined that it only requires a demonstration of:

The defendant was able to gain an advantage.

Additional costs incurred by the plaintiff

Equity and morality require that restitution be made. Kaye v. Grossman 202 F.3d 611, 616 (2d Cir. 2000)

Extortion

Extortion is when someone threatens or forces another person to give money or property under the threat or physical harm, property loss, or public humiliation. According to New York Penal Law.155.05(2)(e). Extortion can be charged if someone demands $5,000 to hide an adulterous affair. The gravity of an extortion conviction will vary depending on how a defendant coerces someone to hand over their property.