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 Things.
A Helpful Guide on How to Determine and Understand the Various Legal Wrongdoings Constituting As Tortious Conduct
Tort is a funny sounding 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 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.
Learn More About
Various Tort Issues:
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
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 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
Injurious falsehood involves harmful and untruthful statements about a business or property of a person unlike defamation which involves untruthful statements...Learn More
Helpful Guide to Understanding What Constitutes as the Tort of Malicious Prosecution Legal processes can sometimes become malicious tools improperly used...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
The law of 'nuisance' is often classed as falling within the field of tort law; however, some legal academics view nuisance as independent of tort law. ...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
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