2021 Georgia Code
Title 51 - Torts
Chapter 1 - General Provisions
§ 51-1-1. Tort Defined
A tort is the unlawful violation of a private legal right other than a mere breach of contract, express or implied. A tort may also be the violation of a public duty if, as a result of the violation, some special damage accrues to the individual.
(Orig. Code 1863, § 2894; Code 1868, § 2900; Code 1873, § 2951; Code 1882, § 2951; Civil Code 1895, § 3807; Civil Code 1910, § 4403; Code 1933, § 105-101.)
Law reviews.- For article advocating the exhaustion of every possible recovery before closing a tort claim, see 18 Ga. B. J. 301 (1956). For article, "Products Liability Law in Georgia: Is Change Coming?," see 10 Ga. St. B. J. 353 (1974). For article analyzing the trend in this country toward no-fault liability, see 25 Emory L. J. 163 (1976). For article discussing plaintiff conduct and the emerging doctrine of comparative causation of torts, see 29 Mercer L. Rev. 403 (1978). For article discussing the defenses to strict liability in tort, see 29 Mercer L. Rev. 447 (1978). For article examining the significance of distinguishing between tort and contract in Georgia, see 30 Mercer L. Rev. 303 (1978). For article, "Products Liability Law in Georgia Including Recent Developments," see 43 Mercer L. Rev. 27 (1991). For article, "Selected Federal Tort Reform and Restatement Proposals Through the Lenses of Corrective Justice and Efficiency," see 32 Ga. L. Rev. 1017 (1998). For annual survey of tort law, see 57 Mercer L. Rev. 363 (2005). For article, "Causation Actually," see 51 Ga. L. Rev. 1 (2016). For note discussing increased risk of cancer as an actionable injury, see 18 Ga. L. Rev. 563 (1984). For comment, "Medical Expert Systems and Publisher Liability: A Cross-Contextual Analysis," see 43 Emory L.J. 731 (1994).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Torts Related to Contract
- Pleading and Practice
RESEARCH REFERENCES
Am. Jur. 2d.
- 74 Am. Jur. 2d, Torts, § 1 et seq.
C.J.S.- 86 C.J.S., Torts, § 1 et seq.
ALR.
- Effect of statute permitting state to be sued upon the question of its liability for negligence or tort, 13 A.L.R. 1276; 169 A.L.R. 105.
Contractual relationship as affecting right of action for death, 115 A.L.R. 1026.
Prima facie tort, 16 A.L.R.3d 1191.
Liability in tort for interference with physician's contract or relationship with hospital, 7 A.L.R.4th 572.
Propriety of allowing person injured in motor vehicle accident to proceed against vehicle owner under theory of negligent entrustment where owner admits liability under another theory of recovery, 30 A.L.R.4th 838.
Liability for injury or damage caused by snowplowing or snow removal operations and equipment, 83 A.L.R.4th 5.
Liability for tortious interference with prospective contractual relations involving sale of business, stock, or real estate, 71 A.L.R.5th 491.
Negligent spoliation of evidence, interfering with prospective civil action, as actionable, 101 A.L.R.5th 61.
