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

Lawsuit Document Involving Tort Law Issues 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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