What Is Tort Law?

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, Among Other Remedies That May Be Available.

Understanding Wrongdoings Constituting As Tortious Conduct

Lawsuit Document Involving Tort Law Issues Most people will have a vague understanding of various tort law issues despite lacking knowledge of the actual definition of tort law. The word tort, while funny sounding, is actually a word derived from the Latin word tortum which, loosely translated, means wrongdoing. In the realm of law, tort is a civil law matter other than breach of contract, or breach of fiduciary duty, and involves the right to sue for compensation, among other things.

It is generally believed that the first use of the word tort within a legal proceeding was within the case of Boulston v. Hardy, (1597), 77 E.R. 216, during the time when Galileo was still alive.

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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