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.
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:
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
Professional consultants and advisors, such as lawyers, doctors, accountants, among many others, are imperfect just the same as everybody; however, when a...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
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
For a Motion to Dismiss, per section 137.1 of the Courts of Justice Act, commonly known as a SLAPP motion, the Small Claims Court lacks jurisdiction.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 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
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
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
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 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