tortfeasor: meaning, definition, pronunciation and examples
C2Formal, Technical/Legal
Quick answer
What does “tortfeasor” mean?
A person who commits a tort.
Audio
Pronunciation
Definition
Meaning and Definition
A person who commits a tort; a wrongdoer whose actions give rise to civil legal liability for damage or injury.
In legal contexts, it refers specifically to the party at fault in a civil wrong (not a crime) that results in harm, and who therefore may be required to pay compensation (damages). The term is foundational to the concept of tort law, which deals with civil liability between individuals.
Dialectal Variation
British vs American Usage
Differences
No significant difference in meaning or use. The term is standard in the common law systems of both the UK and US. Spelling is identical.
Connotations
Identical in both varieties: purely technical, devoid of emotional connotation.
Frequency
Equally rare outside of legal texts and education in both regions. Used primarily in law schools, legal textbooks, court opinions, and formal legal documents.
Grammar
How to Use “tortfeasor” in a Sentence
The [negligent] tortfeasor is liable to the [injured party/victim/plaintiff] for [damages/compensation].Vocabulary
Collocations
Examples
Examples of “tortfeasor” in a Sentence
verb
British English
- (No verb form. The related verb is 'to commit a tort'.)
American English
- (No verb form. The related verb is 'to commit a tort'.)
adverb
British English
- (No adverb form. The concept is expressed as 'in a tortious manner' or 'negligently'.)
American English
- (No adverb form. The concept is expressed as 'in a tortious manner' or 'negligently'.)
adjective
British English
- The principle of joint and several liability applies to tortfeasor defendants.
- The court apportioned damages between the tortfeasor parties.
American English
- The insurance company sought contribution from other tortfeasor entities.
- We need to determine the tortfeasor conduct for each defendant.
Usage
Meaning in Context
Business
Rarely used outside of corporate legal departments dealing with liability or insurance claims.
Academic
Used almost exclusively in law schools and legal scholarship, specifically in courses and texts on Tort Law.
Everyday
Virtually never used. A layperson would say 'the person at fault' or 'the one who caused the accident'.
Technical
Core term in legal practice, court filings, judicial opinions, and insurance law to denote the party who committed the civil wrong.
Watch out
Common Mistakes When Using “tortfeasor”
- Mispronouncing it as 'tort-fee-zor' (correct: 'tort-fee-zer').
- Using it to refer to a criminal. It's purely for civil law.
- Attempting to use it in everyday conversation where simpler terms exist.
FAQ
Frequently Asked Questions
No, a tortfeasor can be any legal entity capable of being sued, including individuals, corporations, or government bodies.
A tortfeasor commits a civil wrong (tort), leading to a lawsuit for damages. A criminal commits a crime against the state, leading to prosecution and potential punishment like imprisonment. The same act (e.g., assault) can give rise to both criminal charges and a tort claim.
It refers to two or more parties who together commit the same tort, or whose independent tortious acts combine to cause a single, indivisible injury. They can be held jointly and severally liable.
No. It is a highly specialised legal term. For general communication, phrases like 'the person at fault', 'the negligent party', or 'the one who caused the harm' are perfectly adequate and more widely understood.
A person who commits a tort.
Tortfeasor is usually formal, technical/legal in register.
Tortfeasor: in British English it is pronounced /ˈtɔːtˌfiːzə/, and in American English it is pronounced /ˈtɔːrtˌfiːzər/. Tap the audio buttons above to hear it.
Phrases
Idioms & Phrases
- “(None. It is a technical term not used idiomatically.)”
Learning
Memory Aids
Mnemonic
Think: 'TORT' (a legal wrong) + 'FEASt OR' pay? (A person who does a tort will have a legal feast OR be forced to pay damages).
Conceptual Metaphor
LEGAL ACCOUNTING (The tortfeasor is a debtor who owes a legal 'debt' to the victim, payable in damages).
Practice
Quiz
In which context would the term 'tortfeasor' most accurately be used?