Legal Definitions - a tort et a travers

The phrase a tort et a travers is a French legal term used to describe an action taken without proper thought, careful consideration, or sound judgment. It signifies acting recklessly or carelessly, without adequately assessing the potential consequences or implications of one's conduct.

Here are some examples illustrating this concept:

• Example 1: Business Decision

  Imagine a business owner who, without consulting their financial team, reviewing market data, or conducting any due diligence, decides to launch a new product line that requires a substantial investment. This decision is made purely on a whim, based on a casual conversation with a friend, rather than on strategic analysis.

  This action would be considered a tort et a travers because the business owner proceeded without the necessary consideration, discernment, or careful assessment of the risks and potential outcomes typically required for such a significant financial commitment.

• Example 2: Public Policy Implementation

  Consider a local government council that passes a new ordinance requiring all businesses to adopt a specific, expensive new technology, without first conducting a feasibility study, assessing the economic impact on small businesses, or soliciting public feedback. The ordinance is enacted quickly, based on a single presentation from a technology vendor.

  The council's decision to implement the ordinance in this manner could be described as a tort et a travers, as it lacked the careful consideration, discernment of potential negative impacts, and thorough public consultation expected in policy-making.

• Example 3: Personal Conduct Leading to Harm

  Suppose a person is driving a car and, distracted by their phone, swerves into another lane without checking their blind spot, causing a minor collision. They were not intentionally trying to cause an accident, but their actions demonstrated a complete lack of attention and foresight.

  The driver's action of swerving without checking their surroundings is an example of acting a tort et a travers, as it shows a lack of consideration and discernment for the safety of others on the road, leading to an avoidable incident.