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, As Well As Other Potentially Available Remedies.
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 trespass to chattels, detinue, conspiracy, barratry, deceit, nuisance, 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
Can a Person Be Sued For Making False Statements When Negotiating a Deal? The Tort of Deceit Occurs When a Person Knowingly or Recklessly Makes False...Learn More
Helpful Guide to Understanding the Law of Defamation Including Libel and Slander Defamation involves untruths that, when told and spread, may injure a...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
Injurious falsehood involves harmful and untruthful statements about a business or property of a person unlike defamation which involves untruthful statements...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
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
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