Tort
Tort is sometimes viewed as the causes of action which are not defined in other areas such as contract or fiduciary law. However, tort and contract law are similar in that both involve a breach of duties, and in modern law these duties have blurred and it may not be clear whether an action "sounds in tort or contract"; if both apply and different standards apply for each (such as a statute of limitations), courts will determine which is the "gravamen" (the most applicable). Circumstances such as those involving professional negligence may involve both torts and contracts. The choice may affect time limits or damages, particularly given that damages are typically relatively limited in contract cases while in tort cases noneconomic damages such as pain and suffering may be awarded. Punitive damages are relatively uncommon in contractual cases versus tort cases. However, compensation for defective but not unsafe products is typically available only through contractual actions through the law of warranty.
Noise regulation
Nuisances are part of tort law. Torts are civil wrongs whether intentional or accidental from which injury occurs to another. Nuisances can be public or private. A public nuisance is an unreasonable interference with a right common to the general public while a private nuisance is an interference with a person's enjoyment and use of his land. Black's Law Dictionary defines a nuisance as"... that which annoys and disturbs one in possession of his property, rendering its ordinary use and occupation physically uncomfortable to him." It defines a private nuisance as:.."anything done to the hurt or annoyance of the lands, tenements, or hereditaments of another. As distinguished from public nuisance, it includes any wrongful act which destroys or deteriorates the property of an individual or of a few persons or interferes with their lawful use or enjoyment thereof, or any act which unlawfully hinders them in the enjoyment of a common or public right and causes them a special injury different from that sustained by the general public." The word "nuisance" is connected closely with the word "disturbance" which is used extensively in many noise ordinances. A definition below further restricts the meaning to "noise disturbance". Nuisance law applies to both community noise regulation as well as private suits brought to court to reduce noise impact.