Legal Definitions - atort

Atort is an archaic legal term that means wrongfully or unlawfully. It describes an action or omission that constitutes a legal wrong, often giving rise to a claim for damages or other remedies. While no longer in common legal use, it historically referred to an act that caused harm to another person and could be remedied through a civil lawsuit.

Here are some examples illustrating the historical application of "atort":

• Example 1: Unlawful Entry onto Land

  Imagine a scenario in 16th-century England where a landowner's cattle repeatedly broke through a fence and grazed on a neighbor's cultivated fields, destroying crops. The neighbor could claim that the cattle were on their land "atort."

  This illustrates the term because the cattle's presence was wrongful and unauthorized, causing damage to the neighbor's property and infringing upon their rights as a landowner.

• Example 2: Deprivation of Property

  Consider a situation in the 18th century where a moneylender, without a court order or legal justification, seized a debtor's valuable horse and refused to return it, even after the debt was settled. The debtor could argue that the moneylender held the horse "atort."

  This demonstrates "atort" because the moneylender's action of taking and withholding the horse was unlawful and a wrongful deprivation of the debtor's property, even if a debt was owed.

• Example 3: False Imprisonment

  Suppose a town constable in the 17th century detained a citizen in the local jail for several days without any formal charge, warrant, or reasonable suspicion of a crime. The citizen could later claim they were held "atort."

  This example shows "atort" because the constable's act of detaining the citizen was wrongful and without legal authority, constituting an unlawful restriction of their personal liberty.