tort

(redirected from tortious)
Also found in: Dictionary, Thesaurus, Medical, Legal, Encyclopedia, Wikipedia.
Related to tortious: tortious act, Tortious interference

tort

a civil wrong. The laws of tort are general laws which protect the personal rights of an individual to non-violation of his or her property, reputation and person:
  1. offences against property rights include trespass; negligence (where there is a breach of a legal duty to take care which results in unintended damage to the plaintiff); and nuisance (where there is an unlawful and unreasonable interference with a person's use or enjoyment of his or her property);
  2. offences against reputation include libel, and slander (making a false and malicious statement which damages another person's reputation);
  3. offences against one's person include assault, battery; negligence; and intimidation (a threat to perform an unlawful act interfering with the victim's freedom of action).

It may be noted in this context that an employer may be made liable for the torts of his employees which are committed during the course of their employment, having vicarious liability for their actions. In a tort action the plaintiff will usually be seeking either financial compensation (damages) for harm done to him or her by the defendant, or an injunction from the court ordering the defendant to discontinue harming the plaintiff.

tort

A legally recognized wrong for which the law provides a remedy.The wrong may be negligent;it might be one of the intentional torts such as defamation, assault, battery, trespass, conversion (broadly, acts that amount to theft), or false imprisonment (preventing someone from leaving a place);or it might be something that can combine elements of negligence,recklessness,or intentional conduct,such as fraud or nuisance.The modern trend of legal theory is to expand concepts of tort liability. As a result, older decisions that find in favor of a property owner, for example, and against someone injured on the property may no longer be reliable when you are trying to determine rules of conduct and the limits of responsibilities.The better practice is to do all things reasonable and fair under the circumstances,regularly consult with insurance advisors regarding risk management practices, keep informed regarding litigation trends in your industry, and always maintain adequate insurance coverage.

References in periodicals archive ?
argues that copyright and tortious interference deserve to be understood
The Dissenter agrees that Doe's negligence claims cannot proceed under the FSIA's tortious act exception, but would affirm the district court's holding that the Holy See is not immune from Doe's claims of negligent retention, supervision, and failure to warn.
Similarly, the so-called manager's privilege establishes that a corporate officer or agent acting for the corporation is the corporation for purposes of a tortious interference cause of action, because corporations can act only through their agents.
Before the 1999 Francis case, employees often claimed that their terminations were tortious breaches of contract, whether their contracts were express or implied from employee handbooks or other company documents.
As this case law reveals, the courts do not conceptualize market-share liability as providing compensation for exposure to a tortious risk.
2009), as discussed in part one of this article, a defendant law firm named in a tortious interference suit will almost certainly raise the issue of litigation privilege as a defense.
Plaintiff's argument that Malaysia failed to maintain the premises in a reasonably safe condition cannot be understood to be a tortious act or omission on the part of the Malaysian government.
This, together with Defendants' other acts of tortious interference, resulted in Grant Street Group losing a contract with the County to provide internet auction services for the sale of delinquent tax certificates.
Before considering the authority that allows a tortious interference claim based upon a former employer's attempts to litigate an unenforceable restrictive covenant, it is first important to look at the requirements for such restrictive covenants to be enforced in Florida.
The lawsuit asserts several claims against the defendants, including racketeering in violation of New Jersey State laws, commercial disparagement, tortious interference with contractual relationships, tortious interference with prospective economic advantage, common law civil conspiracy and unjust enrichment.
would constitute tortious interference,'' the letter said.