| It is not the act but the consequences on which tortious liability is founded. |
| As a tortious action, damages claims in many Member States require fault to be proven. |
| Public nuisance and libel are also torts and tortious liability is more often pursued than criminal proceedings. |
| However, there is one head of tortious liability which is of particular relevance to administrative law. |
| As a general rule, however, there is no liability in tortious negligence for an omission, unless the defendant is under some pre-existing duty. |
| On the face of it, the practice of contingency fees could very well be tortious, contrary to the torts of champerty and maintenance. |
