The words tort, torte sound the same but have different meanings and spellings. Why do tort, torte sound the same even though they are completely different words?
The answer is simple: tort, torte are homophones of the English language.
Law Damage, injury, or a wrongful act done willfully, negligently, or in circumstances involving strict liability, but not involving breach of contract, for which a civil suit can be brought.
A rich cake made with many eggs and little flour and usually containing chopped nuts.
Definitions from The American Heritage® Dictionary of the English Language, 4th Edition and Wordnik.
Homophones (literally "same sound") are usually defined as words that share the same pronunciation, regardless of how they are spelled.
If they are spelled the same then they are also homographs (and homonyms); if they are spelled differently then they are also heterographs (literally "different writing").