Tortious Conduct Involves Behaviour That Is Negligently or Intentionally or Recklessly WrongfulPage last modified: December 01 2022
Share to Facebook
What Is Tort Law?
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. Negligence, Defamation, Breach of Privacy, Are Examples of Tortious Conduct.
Understanding the Various Wrongdoings That Constitute As Tortious Conduct and May Lead to Legal Proceedings
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 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.
The tort of barratry involves the misuse of legal process whereas a person without standing in legal proceedings gets involved merely for the purpose of...Learn More
Breach of Confidence
Breach of confidence involves the wrongful use of information that was openly shared with the party that subsequently misuses the secret information.Learn More
Breach of Privacy
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
Champerty & Maintenance
The torts of maintenance and champerty both involve improper involvement in the lawsuit or legal rights of another person including nefariously encouraging...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
Conversion, among other things
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
Does the Law Require People to Check the Truth of What Is Said When Making a Deal? The Tort of Deceit Occurs When a Person Knowingly or Recklessly Makes...Learn More
Defaming of Character
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
Failure to Disclose
When a prosecutor fails to provide proper disclosure to an accused person, the prosecutor may become the subject of civil litigation without the protection of...Learn More
False imprisonment involves the improper detaining of a person, either with or without force, and without a lawful justification.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
Injurious falsehood involves harmful and untruthful statements about a business or property of a person unlike defamation which involves untruthful statements...Learn More
Intent to Inflict Mental...
#TOKEN-sSnippetQuestion# #TOKEN-sSnippetAnswer# Understanding the Tort of Intentional Infliction of Mental Distress Including Clarity Regarding Medical...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
Can a Person Sue For Being Threatened to Avoid a Business Deal? When a Person Is Threatened With a Risk of Injury That Warns to Do Something, or Avoid Doing...Learn More
Intrusion Upon Seclusion
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
The tort of malicious prosecution may arise when an accusations were maliciously alleged or maliciously pursued without a proper legal justification for doing...Learn More
Misfeasance, public office
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
Misuse of Process
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
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
The tort of passing off involves the intentional or unintentional infringement upon the name, style, colour, brand, or other identifying means of another...Learn More
Personal Details Disclosed
In Ontario, the right to sue for breach of privacy continues to evolve. Included within the umbrella of breach of privacy issues is the tort known as...Learn More
Public Disclosure of Personal...
Civil liability for the publishing of intimate images or videos without consent is an evolving aspect of tort law.Learn More
Slander of Title or Property
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
#TOKEN-sSnippetQuestion# #TOKEN-sSnippetAnswer# Understanding the Tort of Assault Including the Elements That Distinguish the Tort of Assault From the Tort of...Learn More
The tort of battery involves intentional physical contact without consent. Battery may occur in a variety of forms including general battery, medical battery,...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
Trespass to Chattels
Is the Tort of Trespass to Chattels the Same As the Tort of Conversion? The Tort of Trespass to Chattels Involves Damage or Interference Caused to a Chattel...Learn More