Second, the plaintiff must demonstrate that the defendant breached this duty by failing to conform her behavior accordingly. Third, the plaintiff must prove that he suffered injury or loss as a direct result of the defendant's breach. The law of torts is derived from a combination of common-law principles and legislative enactments. Unlike actions for breach of contract, tort actions are not dependent upon an agreement between the parties to a lawsuit. Unlike criminal prosecutions, which are brought by the government, tort actions are brought by private citizens.
Tortfeasors are subject to neither fine nor incarceration in civil court.
The English common law recognized no separate legal action in tort. Gradually, the common law recognized other civil actions, including defamation, libel, and slander. Most of the American colonies adopted the English common law in the eighteenth century. During the nineteenth century, the first U.S. legal treatises were published in which a portion of the common law was synthesized under the heading of torts. Over the last century, tort law has touched on nearly every aspect of life in the United States.