Abstract

A tort may be defined as private or civil wrong or injury ... a wrong independent of contract.' Similarly, a tort is said to be any wrongful act (not involving breach of contract) for which a civil action will lie.'2 Thus, we may distinguish two classes of claims against the state-those growing out of tort, and those growing out of contract. This distinction must be kept in mind, since states frequently recognize different degrees of responsibility in these two classes of claims, and provide different means of settlement.

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