What Is a Tort?
Generally, Torts Are Wrongdoings That Involve Negligently, Intentionally, or Recklessly, Improper Conduct, That Provide a Legal Right to the Person Harmed to Bring Litigation For Compensation, 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.
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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
What Distinguishes Conversion From Detinue? Among Other Things, Conversion Involves Interference With the Right of Possession of Property. Detinue Involves...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
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
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
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 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
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
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 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
Trespassing upon property is commonly understood as a unlawful act in respect of the criminal law, such as in the context of a 'break and enter'; however,...Learn More