Tortious refers to actions or behaviors that constitute a tort—a civil wrong that causes someone else to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. It covers a wide range of wrongful actions, including negligence, intentional harm, and strict liability offenses, that infringe on the rights of others.
The concept of tortious actions underpins the area of tort law, which aims to provide remedies to individuals who have suffered harm due to the wrongful acts of others. Tortious conduct can lead to legal actions where the injured party seeks compensation for damages.
This encompasses physical injuries, financial losses, harm to reputation, and violations of privacy, among other types of harm.
Negligence: In cases where harm is caused by a failure to act with the care that a reasonably prudent person would exercise under the same circumstances.
Defamation: Involves harm to an individual's reputation through false statements.
Trespass: Whether to land or person, involves direct interference with someone's property or personal rights.
A common misconception is that tortious acts are always intentional. While some torts, such as assault or defamation, involve intentional wrongdoing, negligence—a failure to act with due care—is also a tortious act, despite the lack of intent to cause harm.
Another misunderstanding is equating tortious with illegal; while tortious actions may also be illegal (criminal), tort law addresses civil wrongs and focuses on compensating the victim rather than punishing the offender.