The term "tortious" is an adjective used to describe an action or behavior that is wrongful, unlawful, or in violation of a duty. It is commonly used in legal contexts to describe acts that give rise to civil liability and can result in a plaintiff seeking compensation or damages in a civil lawsuit.
In legal terms, "tortious" refers to the commission of a tort, which is a civil wrong that causes harm to another person or their property. This term encompasses a wide range of wrongful acts, such as negligence, intentional infliction of harm, defamation, trespassing, and many others.
When an act is deemed tortious, it means that it breaches a legal duty owed by one party to another, resulting in harm, injury, or loss to the injured party. For example, if someone negligently causes a car accident, resulting in injuries to another driver, their actions would be considered tortious.
In order to prove a tortious act, the injured party must establish that the defendant had a duty of care towards them, that the defendant breached that duty through their actions or omissions, and that the breach directly caused the harm or damages suffered. If these elements are proven, the injured party may be entitled to compensation for medical expenses, property damage, pain and suffering, or other losses.
In summary, "tortious" refers to an act or behavior that is wrongful, unlawful, or in violation of a legal duty, giving rise to civil liability and potentially leading to a lawsuit for damages.
