Written by attorneys · grounded in primary & secondary sources — see below
An adverb used in historical legal writing to indicate that an act was performed wrongfully or without legal justification.
Sources & Authorities· 25 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Threat of Tortious Harm
Alan Ackerman demanded that Alexandra Armstrong transfer title to her warehouse or he would deliberately damage the structure. Because the threatened conduct would constitute a tort if carried out, the demand lacked legal justification and rendered the resulting agreement unenforceable.
Intentional Harm Aimed at Forum
Adam Anderson published false statements about Aurora Biotech's products on a website accessible in the forum state. The statements were prepared wrongfully with the purpose of injuring the company's reputation there, supporting personal jurisdiction even though Anderson never entered the state.
Anthony Arnold granted a security interest in equipment that remained movable at the time of attachment. The equipment qualified as goods rather than a commercial tort claim because it was not a right arising from prior injury.
Monetary Award for Injury
Andre Antoine suffered a broken arm when Albert Allen struck him without consent. The court awarded damages to compensate for the harm inflicted by the intentional contact.
Trust Administration Claim
Avalon Pharmaceuticals sued a trustee for harm caused when the trustee disposed of trust assets in violation of fiduciary duties. The claim could be asserted against the trustee in fiduciary capacity regardless of personal liability.
Heartbalm Recovery
Alexandra Armstrong sued after Anthony Arnold broke his promise to marry her. Because the action retained a tort aspect in the jurisdiction that still recognized it, she recovered actual damages for expenditures made in reliance on the engagement.
Common questions
Frequently Asked
3
What does the historical term atort signify in older legal texts?+
It indicates that conduct occurred wrongfully or without legal right. The term appears in Law French sources to describe actions lacking justification.
Supporting sources
Does atort appear in modern statutes or case law?+
No. Modern authorities use plain English equivalents such as wrongfully or without legal right. The term survives only in historical references.
Supporting sources
How does the meaning of atort relate to the concept of a tort?+
Atort describes the manner in which an act is performed. When conduct occurs atort it lacks legal authorization and may give rise to tort liability.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…in narrowly defined situations and except when the rights are contingent upon live birth. For example, the traditional rule of tort law denied recovery for prenatal injuries even though the child was born alive.[^maj-63] That rule has been changed in almost every jurisdiction. In most States, recovery is said to be…