Tortious

Tortious is an adjective used in law to describe conduct that gives rise to civil responsibility under tort law. A tort is a civil wrong, distinct from a crime or a breach of contract, and tort law provides remedies typically in the form of monetary damages, though injunctions or other equitable relief may also be available. The term is commonly used to label behavior as wrongful according to civil-law standards rather than criminal ones.

Tort claims address harms caused by the defendant’s conduct and rest on questions such as whether a duty of care existed, whether that duty was breached, whether the breach caused the plaintiff’s harm, and the extent of damages. Tort law encompasses several broad categories, including intentional torts (for example, assault, battery, false imprisonment, trespass, defamation), negligence (failure to exercise reasonable care resulting in harm), and strict or absolute liability (liability without proof of fault for certain activities). Some actions can be tortious even without arising from criminal conduct, and some criminal acts may not give rise to tort liability in all cases.

Common torts also include interference with contractual relations, nuisance, and product liability. The remedies are usually compensatory, designed to make the plaintiff whole, though punitive or exemplary damages may be awarded in cases of particularly egregious or willful tortious conduct in some jurisdictions.

Etymology traces to the French and Latin roots for wrong or injury. In modern usage, “tortious” remains a precise way to describe conduct that may subject a person to civil liability under tort law. See also tort law, negligence, intentional tort, and strict liability.