One of the mysteries of the English language finally explained.
A person who commits a tort.
- ‘Recovery in tort is dependent on the plaintiff establishing injury and loss resulting from an act of misfeasance or nonfeasance on the part of the defendant, the tortfeasor.’
- ‘It is quite clear that a finding in the action, a finding by the judge of the identity of the defendant as a tortfeasor, is not a precondition to the exercise of section 5.’
- ‘As the action is presently constituted, the plaintiff has sued two tortfeasors who are Ontario residents as well as two who are not.’
- ‘If the supervening event is a tort, the second tortfeasor should be responsible for the additional devaluation caused by him…’
- ‘The tortfeasor, the plaintiff or the secondary and primary victim, as I understood his Honour, spatial or temporal concerns or the question of normal fortitude.’
- ‘As I have said, it has long been the law that a director who knowingly procures a company to commit a tort will be liable as a joint tortfeasor, and this is confirmed by Standard Chartered Bank.’
- ‘The act must be one committed within the jurisdiction by the alleged tortfeasor, not the victim.’
- ‘In our view, the Ontario legislature enacted s. 266 and other related amendments to the Act for the purpose of significantly limiting the right of the victim of a motor vehicle accident to maintain a tort action against the tortfeasor.’
- ‘To look at the overall picture and to assess, broadly speaking, the amount by which the tortfeasor has made the claimant's position worse.’
- ‘As between a claimant and a tortfeasor the onus is on the latter to show that the former has unreasonably neglected to mitigate the damages.’
- ‘Where one person instigates another to commit a tort they are joint tortfeasors.’
- ‘It emphasised clearly the intense focus required on the closeness of the connection between the tort and the individual tortfeasor's employment.’
- ‘Several concurrent tortfeasors are independent tortfeasors whose acts concur to cause a single damage.’
- ‘It does no more than make clear the extent of the liability for the tort in which the tortfeasor joins and thus does not advance the analysis.’
- ‘It must follow, in my judgment, that a claimant cannot be said to have failed to mitigate his damage by failing to recover his loss, or part of his loss, from a tortfeasor liable as a joint tortfeasor with the defendant.’
- ‘A negligent tortfeasor is not responsible for all the direct consequences of his negligence, but only for such damage as ought reasonably to have been foreseen.’
- ‘The court approved the course taken by the trial judge in giving credit for the money actually received by the plaintiff from the other tortfeasor and then entering judgment for the balance.’
- ‘This appears in some of the cases about interest on judgments where there is discussion about the obligation of the defendant tortfeasor in the absence of a judgment.’
- ‘Neither court expressly dealt with the question whether the section affected the common law rule that only one sum can be awarded in a single proceeding for the one tort committed by joint tortfeasors.’
- ‘Even if one approaches the matter in that way, it still leaves little room, we say, for effectively apportioning responsibility between the tortfeasor and the plaintiff because…’
Mid 17th century: from Old French tort-fesor, from tort ‘wrong’ and fesor ‘doer’.
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