1.2 The Nature and Scope of Tortious Liability

The liability's character: civil (the private wrong — the victim's action, not the state's prosecution); judge-developed (the common law's creature — the centuries' accretion); flexible (the new wrongs' capacity — the "danger of..., privacy, misinformation" era's expansion). The scope's boundaries: the tort vs crime (the same act's double life — the parallel proceedings' rule); the tort vs contract (the duty's source — law vs agreement); the tort vs equity (the remedies' overlap); the tort vs statutory duties (the regulatory law's interaction). The scope's modern reach: the economic torts, the data-and-privacy faces (the Cyber Law interface — LAW5705), the environmental wrongs (the pollution liability), the consumer faces (U5–U6).