What is a tortious act in law?
Asked by: Winfield Shields | Last update: February 9, 2026Score: 4.1/5 (73 votes)
A tortious act is a wrongful action or inaction (other than a breach of contract) that causes harm or injury to another person or their property, leading to civil liability and allowing the injured party to sue for damages, typically monetary compensation. It's a civil wrong that infringes on someone's rights, covering things like negligence (accidents), intentional acts (assault, defamation), or strict liability, with the goal of restoring the victim and holding the wrongdoer accountable.
What is considered a tortious act?
Tortious is a term describing behavior that constitutes a tort. Thus, tortious behavior is any behavior (other than breach of contract) that may be sued upon as a civil wrong.
What are some examples of tortious acts?
Legal Definitions - tortious act
- Example 1: Negligent Driving. Imagine a delivery driver is rushing to make a deadline and, while distracted by their phone, runs a red light and collides with another vehicle. ...
- Example 2: Defamation. ...
- Example 3: Trespass to Land.
What is the meaning of tortious act?
In civil law, a tort is an act that brings harm to someone — one that infringes on the rights of others. The adjective tortious therefore describes something related to a tort. Tortious interference occurs when you intentionally harm someone's business.
What are the three types of torts?
The three main types of torts are Intentional Torts, where harm is deliberate (e.g., battery); Negligent Torts, where harm results from carelessness (e.g., car accident due to speeding); and Strict Liability Torts, where the defendant is liable regardless of intent or fault, often for dangerous activities or defective products (e.g., product liability). These categories define the legal basis for a civil lawsuit seeking damages for a wrongful act causing harm.
Tort Law in 3 Minutes
What is the hardest tort to prove?
The hardest tort to prove often depends on the facts, but Intentional Infliction of Emotional Distress (IIED) and complex negligence cases like medical malpractice, toxic torts, or cases involving proving specific intent are notoriously difficult due to high standards for "outrageous conduct," proving causation (especially in medical/toxic cases), or demonstrating malicious intent. Proving causation in medical malpractice and toxic torts requires significant expert testimony and linking a specific act to a severe outcome, while IIED demands proof of extreme behavior and severe distress beyond typical insults.
What is tortious liability?
"Tortious liability arises from the breach of a duty primarily fixed by law which results in an infringement of private legal right of another and for which, civil action for unliquidated damages, injunction, specific restitution of property or even self-help, as the case may be, can be maintained."
Is a tortious act a criminal offense?
Torts are distinguishable from crimes, which are wrongs against the state or society at large. The main purpose of criminal liability is to enforce public justice. In contrast, tort law addresses private wrongs and has a central purpose of compensating the victim rather than punishing the wrongdoer.
What is the most common tort action?
Negligence
Of all tort claims, negligence is the most frequent. When a tortfeasor—the person who does a wrong—acts carelessly, negligence takes place. As a result, the tortfeasor is accountable for any injury their carelessness causes to another.
How are torts proven in court?
Tort liability is predicated on the existence of proximate cause, which consists of both: (1) causation in fact, and (2) foreseeability. A plaintiff must prove that his or her injuries were the actual or factual result of the defendant's actions.
What damages can be awarded in tort cases?
Three types of damages may be awarded in a tort claim: economic, non-economic, and punitive. Punitive damages may also be called exemplary damages and are designed to punish the defendant for their wrongdoing.
What is the rule of 7 torts?
When applied to children and automobile accidents, any child under the age of seven cannot be negligent regardless of their actions; it is presumed that children between the ages of seven and thirteen are not negligent unless their actions are deemed to be unreasonable for someone of that age; and anyone between the ...
What role do lawyers play in tort cases?
Your attorney will handle all aspects of the litigation, including pre-trial motions, discovery, and presenting your case at trial. Having a lawyer with courtroom experience can make a significant difference in the outcome of your case, as they know how to effectively present evidence and argue on your behalf.
What is a person who commits a tortious act called?
A person who commits a tort is known as a tortfeasor.
What four elements must be present to prove tortious interference with a contract?
A business has a claim for tortious interference with contract when it can show: (1) the existence of a valid contract; (2) the defendant's knowledge of that contract; (3) that the defendant intentionally caused a breach of that contract without justification; and (4) resulting harm.
What are the 5 tort laws?
[1] In tort law, there are generally five areas in which transferred intent is applicable: battery, assault, false imprisonment, trespass to land, and trespass to chattels.
What are the three main torts?
The three main types of torts are Intentional Torts, where harm is deliberate (e.g., battery); Negligent Torts, where harm results from carelessness (e.g., car accident due to speeding); and Strict Liability Torts, where the defendant is liable regardless of intent or fault, often for dangerous activities or defective products (e.g., product liability). These categories define the legal basis for a civil lawsuit seeking damages for a wrongful act causing harm.
What kind of lawyer practices tort law?
What Is a Tort Lawyer? A tort lawyer is usually someone whose legal practice is focused on representing clients who have suffered injury, financial loss, or other harm as a result of some kind of wrongful action. Personal injury lawyers are tort lawyers, usually representing people who have been injured in accidents.
How are most tort cases resolved?
Most mass torts resolve through settlements. Based on bellwether results and discovery evidence, defendants may offer structured compensation packages to groups of plaintiffs. This process still takes time, as each claim must be evaluated individually.
What are examples of tortious acts?
Here are a couple of examples of tortious conduct: A driver who runs a red light and causes an accident may be liable for tortious conduct due to negligence. A business that spreads false information about a competitor, resulting in financial loss, may be held liable for tortious interference.
What is the burden of proof in a tort case?
In tort law, the burden of proof and causation are fundamental principles for establishing liability. The claimant bears the burden of proof, meaning they must demonstrate, on the balance of probabilities, that the defendant's actions caused the harm or loss suffered.
What are the four types of civil cases?
Four examples of civil cases include personal injury (like car accidents), breach of contract (failing to fulfill an agreement), landlord-tenant disputes (evictions, lease issues), and family law matters (divorce, custody), all involving disputes between private parties seeking resolution or compensation rather than criminal punishment.
What are three types of liability?
They are current liabilities, long-term liabilities and contingent liabilities. Current and long-term liabilities are going to be the most common ones that you see in your business. Current liabilities can include things like accounts payable, accrued expenses and unearned revenue.
What are the damages awarded for tortious liabilities?
Damages in tort are generally awarded to restore the plaintiff to the position he or she was in had the tort not occurred. In law, damages are an award, typically of money, to be paid to a person as compensation for loss or injury. Damages are classified as compensatory (or actual) damages and punitive damages.
What is malice in tortious liability?
Malice refers to the intention or desire to do harm or cause injury to another person. In legal contexts, particularly relating to defamation and tortious interference, malice signifies a knowing or reckless disregard for the truth, which can significantly affect liability and defenses in lawsuits.