Meaning & use

tortious act

noun·Advancedlegallawformal

Last updated

UK/ˌtɔːʃəs ˈækt/
US/ˌtɔːrʃəs ˈækt/

Meanings

  1. nouncountablelegallawformal

    A wrongful act that harms someone and can lead to a civil lawsuit for damages.

    Grammar: Countable: you can say 'a tortious act' or 'several tortious acts'.

    Patterns

    • commit a tortious act
    • a tortious act against someone
    • be liable for a tortious act

    The company was sued for a tortious act that damaged the claimant's business.

    Driving while distracted can amount to a tortious act if it injures another road user.

    The judge found that no tortious act had occurred because the harm was purely economic.

  2. nouncountablelegallawformal

    Behavior by an official or company that wrongly interferes with someone's rights but is not a crime.

    Grammar: Used mainly in formal legal writing; everyday speech would say 'a wrongful act' or 'a civil wrong'.

    Patterns

    • allege a tortious act
    • a tortious act by someone
    • recover damages for a tortious act

    The workers alleged a tortious act by their employer after confidential files were leaked.

    Her lawyer argued that the search was a tortious act, even though no criminal charge followed.

Word forms

pluraltortious acts

Common combinations

commit a tortious act
The firm was accused of committing a tortious act against a former client.
allege a tortious act
The complaint alleges a tortious act by two senior managers.
liability for a tortious act
Insurance may cover liability for a tortious act in some policies.
a tortious act causing harm
Only a tortious act causing harm gives the victim a right to sue.

Synonyms and how they differ

civil wrong
A broader everyday phrase covering the same idea; 'tortious act' is the formal legal term used in court documents.
wrongful act
More general and can also describe criminal or moral wrongdoing, whereas a tortious act specifically grounds a civil claim.
tort
The legal category or the wrong itself; 'tortious act' stresses the particular act that was done.

Word family

tort noun
A civil wrong for which a court can award damages.
tortiously adverb
In a way that amounts to a tort.
tortfeasor noun
The person who commits a tort.
tortious adjective
Describing conduct that is a tort.

Commonly confused: tortious act or tortuous? tortious act or torturous?

tortious act vs tortuous

'Tortuous' means full of twists or very complicated, and is often confused in spelling with 'tortious', which relates to a legal wrong.

tortious act vs torturous

'Torturous' means extremely painful or slow, like torture; it has nothing to do with civil liability.

Practice

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