What Is a Tort?
Torts Are Legal Wrongs Involving Various Types of Negligent, Intentional, or Reckless, Behaviour. A Person Harmed By Tortious Conduct May Bring a Lawsuit For the Harm Caused, Among Other Remedies That May Be Available.
Understanding Wrongdoings Constituting As Tortious Conduct
Tort is a word derived from the Latin word tortum and is loosely meaning wrong or wrongful. In law, tort falls into the area of civil law other than breach of contract or breach of fiduciary duty, involving rights of action (the right to sue) for a remedy such as compensation for harm caused by the tort. The first known use of the word tort within a legal proceeding was in the case of Boulston v. Hardy, (1597), 77 E.R. 216.
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 deceit, conspiracy, interference in contractual relations or economic relations, 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
The legal question of whether an occupier of premises owes a duty of care to another occupier of the same premises may arise infrequently; however, the rarity...Learn More
If a Person Lies While Making a Deal Can the Naive Person Be Blamed For Believing the Lie? The Tort of Deceit Occurs When a Person Knowingly or Recklessly...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
The law that governs dog attacks is the Dog Owners Liability Act which is a strict liability statute that alters the rule of law such that a dog owner is...Learn More
When a prosecutor fails to provide proper disclosure to an accused person, the prosecutor may become the subject of civil litigation without the protection of...Learn More
False imprisonment involves the improper detaining of a person, either with or without force, and without a lawful justification.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
Is There a Law Against Threatening a Business to Stay Away From a Territory? When a Person Is Threatened With a Risk of Injury That Warns to Do Something,...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
The tort of malicious prosecution may arise when an accusations were maliciously alleged or maliciously pursued without a proper legal justification for doing...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
Bullying comes in a variety of forms. Bullying can lead to depression, loss of esteem, and even to suicide, among victims. Accordingly, bullying involves very...Learn More
Liability claims arising when a person suffers injuries in a slip and fall may be brought against the owners, occupiers, or others, with duties for the care...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
In Ontario, the right to sue for breach of privacy continues to evolve. Included within the umbrella of breach of privacy issues is the tort known as...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
Is the Tort of Trespass to Chattels the Same As the Tort of Conversion? With the Tort of Trespass to Chattels the Interference or Damage to the Chattel...Learn More