What Is a Tort?
Tort Law Is the Area of Law That Addresses Civil Litigation Rights Related to Wrongdoing and Involves Various Forms of Negligent, Intentional, or Reckless, Behaviour From Which Persons Harmed May Sue For Compensation, Among Other Remedies That May Be Available.
Understanding Wrongdoings Constituting As Tortious Conduct
Most people will have a vague understanding of various tort law issues despite lacking knowledge of the actual definition of tort law. The word tort, while funny sounding, is actually a word derived from the Latin word tortum which, loosely translated, means wrongdoing. In the realm of law, tort is a civil law matter other than breach of contract, or breach of fiduciary duty, and involves the right to sue for compensation, among other things.
It is generally believed that the first use of the word tort within a legal proceeding was within the case of Boulston v. Hardy, (1597), 77 E.R. 216, during the time when Galileo was still alive.
Examples, types of cases
Within the area of tort law are commonly recognized legal matters such as the issue of negligence for failure to keep walkways safe resulting in slip and fall injuries to pedestrians; however, tort law also involves many other legal issues that may occur negligently, intentionally or recklessly, and some even innocently, including the wrongful conduct of such as trespass, nuisance, conversion, barratry, detinue, champerty, passing off, some of which may be unfamiliar without diligent review to even very experienced legal professionals.
“... I include myself among those who had never heard of the tort of barratry ...”
~ C.A. Osborne A.C.J.O.
McIntyre Estate v. Ontario, 2001 CanLII 7972 (ON CA)
As above, even a highly experienced and knowledgeable Court of Appeal judge can be unfamiliar with all aspects of tort law; and accordingly, with dozens of legally recognized torts applicable to various forms of wrongdoing, it is necessary to carefully review the relevant law prior to bringing litigation as a Plaintiff or prior to preparing a defence strategy as a Defendant.
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Various Tort Issues:
The tort of barratry involves the misuse of legal process whereas a person without standing in legal proceedings gets involved merely for the purpose of...Learn More
Breach of confidence involves the wrongful use of information that was openly shared with the party that subsequently misuses the secret information.Learn More
In Ontario, the right to sue for breach of privacy exists. The right to privacy exists in a variety of protected respects. The tort of breach of privacy...Learn More
The torts of maintenance and champerty both involve improper involvement in the lawsuit or legal rights of another person including nefariously encouraging...Learn More
There are two types of conspiracy that may lead to civil proceedings. Both types involve two or more people agreeing, by word or conduct, to cause harm.Learn More
The tort of conversion involves improper interference with the rights of ownership or rights of possession of an object, whether a tangible or intangible...Learn More
Does the Law Require People to Check the Truth of What Is Said When Making a Deal? The Tort of Deceit Occurs When a Person Knowingly or Recklessly Makes...Learn More
A defamation of character case requires careful review to ensure the best likelihood of success as well as reward whereas what constitutes as defamation is,...Learn More
False imprisonment involves the improper detaining of a person, either with or without force, and without a lawful justification.Learn More
The tort of false light is similar to defamation; however, the tort of false light falls within the breach of privacy family of torts.Learn More
Misusing the name, brand, logo, trademark, images, among other things, belonging to others may be a form of tortious infringement that is actionable under a...Learn More
An owner or person with care and control of an animal may be found liable for injuries caused by the animal. The law regarding injuries by animals differs for...Learn More
Injurious falsehood involves harmful and untruthful statements about a business or property of a person unlike defamation which involves untruthful statements...Learn More
Can a Person Be Sued For Purposely Causing Emotional Injuries to a Victim? When a Person Engages in Outrageous Conduct For the Purpose of Causing Mental...Learn More
The torts of intentional interference in contractual relations and intentional interference in economic relations are viewed as business torts involving poor...Learn More
Can a Person Sue For Being Threatened to Avoid a Business Deal? When a Person Is Threatened With a Risk of Injury That Warns to Do Something, or Avoid Doing...Learn More
The tort of breach of privacy involves four distinct sub-torts including what is known as intrusion upon seclusion which can involve various forms of improper...Learn More
Public officials may sometimes misuse a position of power to settle a political score, unjustly compel and control the behaviour of others, among other things.Learn More
The use of a legal proceeding for a purpose other than the intended purpose of the legal proceeding is a misuse and tortious even if the misused process holds...Learn More
Negligence matters are among the most common torts that give rise to litigation claims (lawsuits) and often involve injury to persons or damage to property...Learn More
Negligent misrepresentation involves the accidental passing of inaccurate information, in an unreasonable manner, to a person whom the speaker ought to know...Learn More
Professional consultants and advisors, such as lawyers, doctors, accountants, among many others, are imperfect just the same as everybody; however, when a...Learn More
The tort of passing off involves the intentional or unintentional infringement upon the name, style, colour, brand, or other identifying means of another...Learn More
Civil liability for the publishing of intimate images or videos without consent is an evolving aspect of tort law.Learn More
Slander of title of property occurs when statements or documents, including documents usual to a legal process, such as liens or encumberances, are improperly...Learn More
The tort of detinue is related to the tort of conversion and involves the failure to return an object to the person whom is the rightful owner or having proper...Learn More
The tort of nuisance is a very flexible legal concept and may be applied to situations where a neighbour interferes in the reasonable enjoyment of property for...Learn More
How Is the Tort of Trespass to Chattels Different From the Tort of Conversion? The Tort of Trespass to Chattels Involves Damage or Interference Caused to a...Learn More