tort
Language: English
Part of speech: noun
Pronunciation: ipa: /tɔːt/
enpr: tô(ɹ)t
ipa: /tɔɹt/
homophone: torte
homophone: taught
homophone: taut (non-rhotic)
rhymes: -ɔː(ɹ)t
Forms: form: torts
Etymology: From Middle English tort (“(uncountable) wrong; (countable) an injury, a wrong”), from Old French tort (“misdeed, wrong”) (modern French tort (“an error, wrong; a fault”)), from Medieval Latin tortum (“injustice, wrong”), a noun use of a neuter singular participle form of Latin tortus (“crooked; twisted”), the perfect passive participle of torqueō (“to bend or twist awry, distort”), ultimately from Proto-Indo-European *terkʷ- (“to spin; to turn”).
Cognates
* Galician torto (“(adjective) bent; crooked; twisted; (noun, archaic) harm, offence; injustice, wrong, tort”)
* Italian torto (“(adjective) bent; crooked; twisted; (noun, archaic) injustice, wrong”)
* Norwegian Bokmål tort (dated, now only in fixed expressions)
* Norwegian Nynorsk tort (dated, now only in fixed expressions)
* Occitan tort
* Old French tort (modern French tort)
* Portuguese torto (“(adjective) bent; crooked; twisted; (noun, archaic) harm, offence; injustice, wrong”)
* Spanish tuerto (“injury, offence”)
Senses: examples: text: […] Wrong or Iniury, is in French aptly called Tort, becauſe Iniury & wrong is wreſted or crooked, being contrary to that which is right and ſtreight. […] And Britton ſaith that Tort a la ley eſt contrarye [a wrong to the law is contrary], and as aptly for the cauſe aforeſaid is iniury in English called wrong.
ref: [1628, Edw[ard] Coke, “Of Rents”, in The First Part of the Institutes of the Lawes of England. […], London: […] [Adam Islip] for the Societe of Stationers, →OCLC, book 2, chapter 12, section 234, folio 158, verso:
text: Personal actions are ſuch vvhereby a man claims a debt, or perſonal duty, or damages in lieu thereof; and likevviſe vvhereby a man claims a ſatisfaction in damages for ſome injury done to his perſon or property. The former are ſaid to be founded on contracts, the latter upon torts or vvrongs: […] of the latter all actions for treſpaſſes, nuſances, aſſaults, defamatory vvords, and the like.
ref: 1768, William Blackstone, “Of Wrongs, and Their Remedies, Respecting the Rights of Persons”, in Commentaries on the Laws of England, book III (Of Private Wrongs), Oxford, Oxfordshire: […] Clarendon Press, →OCLC, page 117:
text: A tort is a legal wrong committed upon the person or property independent of contract. It may be either (1) a direct invasion of some legal right of the individual; (2) the infraction of some public duty by which special damage accrues to the individual; (3) the violation of some private obligation by which like damage accrues to the individual.
ref: 1891, Henry Campbell Black, “TORT”, in A Dictionary of Law […], St. Paul, Minn.: West Publishing Co., →OCLC, page 1178, column 1:
topics: law
synonyms: word: delict
english: Scots law
translation: Scots law
glosses: A wrongful act, whether intentional or negligent, regarded as non-criminal and unrelated to a contract, which causes an injury and can be remedied in civil court, usually through the awarding of damages.
examples: text: Then gan triumphant Trompets ſovvnd on hye, / That ſent to heuen the ecchoed report / Of their nevv ioy, and happie victory / Gainſt him, that had them long oppreſt with tort, / And faſt impriſoned in ſieged fort.
ref: 1590, Edmund Spenser, “Book I, Canto XII”, in The Faerie Queene. […], London: […] [John Wolfe] for William Ponsonbie, →OCLC, stanza 4, page 172:
text: For no vvild beaſts ſhould do them any torte / There or abroad, ne vvould his maieſtye / Vſe them but vvell, vvith gracious clemencye, / As vvhome he knevv to him both faſt and true; […]
ref: 1591, Ed[mund] Sp[enser], “Prosopopoia. Or Mother Hubberds Tale.”, in Complaints. Containing Sundrie Small Poemes of the Worlds Vanitie. […], London: […] William Ponsonbie, […], →OCLC, signature P3, verso:
glosses: An injury or wrong.
Derived terms: word: quasi-tort
word: tort law
word: torts
raw_tags: of tort law
Related terms: word: cotortfeasor
english: civil law jurisdictions
translation: civil law jurisdictions
word: delict
word: de son tort
word: tortfeasance
word: tortfeasor
word: tortionary
word: tortious
word: tortiously