tort
/tɔɹt/
UK: /tɔːt/
tort
Definition
A wrongful act, whether intentional or negligent, regarded as non-criminal and unrelated to a contract, which causes an injury and can be remedied in civil court, usually through the awarding of damages.
Etymology
From Middle English tort (“(uncountable) wrong; (countable) an injury, a wrong”), from Old French tort (“misdeed, wrong”) (modern French tort (“an error, wrong; a fault”)), from Medieval Latin tortum (“injustice, wrong”), a noun use of a neuter singular participle form of Latin tortus (“crooked; twisted”), the perfect passive participle of torqueō (“to bend or twist awry, distort”), ultimately from Proto-Indo-European *terkʷ- (“to spin; to turn”). Cognates * Galician torto (“(adjective) bent; crooked; twisted; (noun, archaic) harm, offence; injustice, wrong, tort”) * Italian torto (“(adjective) bent; crooked; twisted; (noun, archaic) injustice, wrong”) * Norwegian Bokmål tort (dated, now only in fixed expressions) * Norwegian Nynorsk tort (dated, now only in fixed expressions) * Occitan tort * Old French tort (modern French tort) * Portuguese torto (“(adjective) bent; crooked; twisted; (noun, archaic) harm, offence; injustice, wrong”) * Spanish tuerto (“injury, offence”)
Example Sentences
- "[…] Wrong or Iniury, is in French aptly called Tort, becauſe Iniury & wrong is wreſted or crooked, being contrary to that which is right and ſtreight. […] And Britton ſaith that Tort a la ley eſt contrarye [a wrong to the law is contrary], and as aptly for the cauſe aforeſaid is iniury in English called wrong."
- "Personal actions are ſuch vvhereby a man claims a debt, or perſonal duty, or damages in lieu thereof; and likevviſe vvhereby a man claims a ſatisfaction in damages for ſome injury done to his perſon or property. The former are ſaid to be founded on contracts, the latter upon torts or vvrongs: […] of the latter all actions for treſpaſſes, nuſances, aſſaults, defamatory vvords, and the like."
- "A tort is a legal wrong committed upon the person or property independent of contract. It may be either (1) a direct invasion of some legal right of the individual; (2) the infraction of some public duty by which special damage accrues to the individual; (3) the violation of some private obligation by which like damage accrues to the individual."