Re:A small restaurant owner on Google, DoorDash, and Grubhub
by jessaustin on Tuesday May 19, 2020 @05:37PM
(#23240585)
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.
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/signif..., example of talking about an intricate case that twists and turns.
[2] 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... , 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.