The term "felonious tort" refers to a situation where a single act constitutes both a tort (a civil wrong) and a felony (a serious crime). The concept is less about a distinct legal category today and more about an old Common Law Rule that restricted a civil remedy, which has largely been abolished.


Examples of Felonious Torts:

A single action can lead to two separate legal proceedings (civil and criminal).


1. Assault and Battery:

  1. Criminal: The State prosecutes for the offense against public peace (punishment).
  2. Tort: The victim sues for compensation for medical bills, pain and suffering, etc. (damages).


2. Theft / Larceny (Conversion Tort):

  1. Criminal: State prosecutes for the crime of stealing property.
  2. Tort (Conversion/Trespass to Chattels): The victim sues the thief to recover the value of the property or the property itself.


3. Wrongful Death (Manslaughter/Murder):

  1. Criminal: State prosecutes for the homicide.
  2. Tort: The deceased's family may bring a wrongful death lawsuit against the defendant for their loss.


The “Felonious Tort” Common Law Rule:

The term "felonious tort" is historically significant due to an archaic Common Law Rule that is now largely abolished in most common law jurisdictions, including the UK, US, and Canada, and India too.


The Rule (Historical)

  1. Principle: At common law, a victim of a felony could not pursue a civil action (a tort claim) against the wrongdoer until the wrongdoer had been criminally prosecuted.
  2. Purpose: The rule was intended to:
  3. Encourage victims to fulfil their public duty to prosecute the offender for the more serious public wrong (the felony).
  4. Prevent the "compounding of a felony" (settling the criminal charge privately for money).


Abolition (Modern Law)

  1. The rule is no longer good law in most places.
  2. The general consensus is that a civil remedy (tort claim) is separate from and not dependent on a criminal prosecution.
  3. The victim can now pursue a civil claim for damages concurrently with, or entirely independently of, any criminal proceedings.


Example: You are robbed at gunpoint (Felony/Felonious Tort). Under the old rule, you had to wait for the criminal trial before suing for your stolen goods. Today, you can immediately file a civil lawsuit for Conversion (a tort) and for your physical and emotional injuries.


In conclusion,

The term "felonious tort" is an outdated legal concept. The modern legal system treats the criminal aspect of an act and the civil liability aspect as distinct matters that can be pursued independently, ensuring the victim can seek compensation without delay.