3 ms·

"Tortious"?

by jessaustin 6y ago

"Tortious"?

pbhjpbhj 6y ago
An action that is against a "tort", ie a civil law offence is "tortuous". It's like "criminal" but for civil law.
- jessaustin 6y ago
  https://en.wiktionary.org/wiki/tortuous https://en.wiktionary.org/wiki/tortuous
  - pbhjpbhj 6y ago
    Hmm, I've been using "tortuous" as the adjective for tort for probably a couple of decades and you're the first person to try to correct me. Clearly I'm using what Wiktionary classes as usage that's obsolete. Interestingly googling around the principle usage -- to mean pertaining to a tort -- of this spelling is in UK Terms of Use. It's quite hard to search though as often people will talk about tortuous caselaw [1], meaning 'twisting and turning'. Both usages can be in the same document, so Google Search - in particular - is no good here. Spelling "tortuous": I find supporting documents from the UK Home Office [3], the UK IPO (including in court proceedings for trademark), and in private practice references to UK tort law, eg [2] dated 2019. I don't consider my usage to be wrong per se but will consider using tortious in international forums (I so wanted to write "fora", lol); thanks for the query, terse as it was. It's possible we're all using it "incorrectly" of course. I work in the IP sector, we might all be drinking from the same fountain (eg perhaps reading past UK caselaw keeps us archaic). [1] https://www.worldtrademarkreview.com/brand-management/significant-blow-cadbury-uk-court-appeal-decision-puts-purple-colour-trademark https://www.worldtrademarkreview.com/brand-management/signif..., example of talking about an intricate case that twists and turns. [2] https://thelawreviews.co.uk/edition/the-intellectual-property-review-edition-8/1196335/turkey https://thelawreviews.co.uk/edition/the-intellectual-propert... talking about an infringement of a tort, as tortuous. [3] https://www.gov.uk/government/publications/references-to-the-court-of-justice-of-the-european-union/references-to-the-court-of-justice-of-the-european-union-2012 https://www.gov.uk/government/publications/references-to-the... , note I'm assuming the Home Office is the origin, it's Gov, but I don't really see mention of the department that owns that data.
    - aasasd 6y ago
      > googling around the principle usage While we're on the topic—that's probably ‘principal’.
    - curryst 6y ago
      It's just a slight misspelling. It should be "tortious" instead of "tortuous" [1]. Interestingly, my spell checker does not recognize the former, but it does the latter. [1] https://www.merriam-webster.com/dictionary/tortious https://www.merriam-webster.com/dictionary/tortious
    - jessaustin 6y ago
      If "tortuous" didn't already have a completely different useful meaning, I wouldn't object. Calling harmful behavior "tortious" shouldn't be ambiguous. I'm not sure what happened in olden times, but over the last decade "tortuous" has dominated because of clueless spellcheck.

"Tortious"?

pbhjpbhj 6y ago

An action that is against a "tort", ie a civil law offence is "tortuous". It's like "criminal" but for civil law.

jessaustin 6y ago
https://en.wiktionary.org/wiki/tortuous https://en.wiktionary.org/wiki/tortuous
- pbhjpbhj 6y ago
  Hmm, I've been using "tortuous" as the adjective for tort for probably a couple of decades and you're the first person to try to correct me. Clearly I'm using what Wiktionary classes as usage that's obsolete. Interestingly googling around the principle usage -- to mean pertaining to a tort -- of this spelling is in UK Terms of Use. It's quite hard to search though as often people will talk about tortuous caselaw [1], meaning 'twisting and turning'. Both usages can be in the same document, so Google Search - in particular - is no good here. Spelling "tortuous": I find supporting documents from the UK Home Office [3], the UK IPO (including in court proceedings for trademark), and in private practice references to UK tort law, eg [2] dated 2019. I don't consider my usage to be wrong per se but will consider using tortious in international forums (I so wanted to write "fora", lol); thanks for the query, terse as it was. It's possible we're all using it "incorrectly" of course. I work in the IP sector, we might all be drinking from the same fountain (eg perhaps reading past UK caselaw keeps us archaic). [1] https://www.worldtrademarkreview.com/brand-management/significant-blow-cadbury-uk-court-appeal-decision-puts-purple-colour-trademark https://www.worldtrademarkreview.com/brand-management/signif..., example of talking about an intricate case that twists and turns. [2] https://thelawreviews.co.uk/edition/the-intellectual-property-review-edition-8/1196335/turkey https://thelawreviews.co.uk/edition/the-intellectual-propert... talking about an infringement of a tort, as tortuous. [3] https://www.gov.uk/government/publications/references-to-the-court-of-justice-of-the-european-union/references-to-the-court-of-justice-of-the-european-union-2012 https://www.gov.uk/government/publications/references-to-the... , note I'm assuming the Home Office is the origin, it's Gov, but I don't really see mention of the department that owns that data.
  - aasasd 6y ago
    > googling around the principle usage While we're on the topic—that's probably ‘principal’.
  - curryst 6y ago
    It's just a slight misspelling. It should be "tortious" instead of "tortuous" [1]. Interestingly, my spell checker does not recognize the former, but it does the latter. [1] https://www.merriam-webster.com/dictionary/tortious https://www.merriam-webster.com/dictionary/tortious
  - jessaustin 6y ago
    If "tortuous" didn't already have a completely different useful meaning, I wouldn't object. Calling harmful behavior "tortious" shouldn't be ambiguous. I'm not sure what happened in olden times, but over the last decade "tortuous" has dominated because of clueless spellcheck.