WordGarden.iotortious
C2Pronunciation
UK
- /tˈɔːʃəs/
US
- /ˈtɔrʃəs/alt-ofmisspellingadjective
Meanings
Adjective
constituting a civil wrong that gives rise to legal liability
Beyond the definition
Imagine someone carelessly leaves a slippery banana peel on the sidewalk, and you slip and break your arm. That careless action could be considered tortious—meaning it's a wrongful act that causes harm to another person, leading to legal responsibility.
The word "tortious" does not describe a crime; it describes a civil wrong. It's used in law, especially in tort law, which deals with harm caused by someone else's carelessness or intentional actions. Think of it as behavior that can get you sued, not arrested. A driver who runs a red light and causes an accident may have acted tortiously. Defamation, meaning harmful false statements, can also be tortious.
The word tortious describes an act or omission that results in civil legal liability—meaning someone can sue you for it! It's rooted in the legal concept of a "tort," which is a wrongful act, other than a breach of contract, that causes harm to another person. This harm could be physical injury, emotional distress, damage to property, or even financial loss.
Unlike criminal acts, tortious acts don't necessarily involve intent to cause harm. Negligence—carelessness that results in injury—is a common basis for finding an act tortious. For example, a store owner failing to clean up a spill could be found liable for injuries sustained by a customer who slips and falls. However, intentional acts like assault or battery are also considered tortious.
The term "tortious" isn't used in everyday conversation; it's primarily confined to legal settings. You wouldn't say, "That was a tortious thing to do!" Instead, you might hear lawyers discussing whether a defendant's actions were "tortious" during a trial or in legal documents. Understanding the term is crucial when dealing with personal injury claims, property damage lawsuits, and other civil disputes.
So, if an action or failure to act causes harm and opens the door to a civil lawsuit, it's likely tortious. It usually means someone breached a duty owed to another person and may face legal consequences as a result.
Examples
- 1
Court ruling
The court found that the landlord's actions were tortious and awarded the tenant damages.
- 2
Contract interference
Her lawyer argued that the company's threats were tortious interference with the contract.
- Domaintortious interference with
wrongful action that disrupts a contract or business relationship
- 3
Legal boundary
Not every harmful act is tortious; some disputes are handled under contract law instead.
See also
Forms and spellings
1 form open this card.
Main spelling
- tortiousadjective