Legal Definitions - de son tort

The legal term de son tort, originating from Law French, describes actions taken by an individual who assumes a legal role or authority without actually having the legal right or appointment to do so. Essentially, it means "by his own wrongdoing" or "wrongfully." When someone acts de son tort, they are performing duties or exercising powers that legally belong to another, or to a properly appointed individual, thereby acting without legitimate authority.

Here are some examples to illustrate this concept:

• Unauthorized Property Management: Imagine a situation where a property owner passes away without a will, and before an administrator is legally appointed by the court, a distant relative begins collecting rent from the tenants of the deceased's apartment building. This relative also starts paying some of the property's bills and making decisions about maintenance. Since this relative has no legal authority to manage the estate or its assets, their actions in collecting rent and managing the property are considered de son tort. They are wrongfully assuming the duties of an estate administrator without proper legal appointment.

• Impersonating a Corporate Officer: Consider an individual who, without being officially elected or appointed to the board of directors, begins attending board meetings of a small company, casting votes, and even signing minor contracts on behalf of the corporation, claiming to be a director. If this person has no legitimate legal standing as a director, their participation in board decisions and signing of documents would be considered actions taken de son tort. They are wrongfully exercising the authority of a corporate officer without proper legal authorization.

• Interfering with a Legal Process: Suppose a person, without being a licensed attorney or having any formal authorization, attempts to represent a friend in a court hearing, presenting arguments and filing documents as if they were the friend's legal counsel. This individual's actions in attempting to act as a legal representative would be deemed de son tort. They are wrongfully intervening in a legal process and exercising powers reserved for licensed legal professionals or properly authorized agents.