Law of Tort — full notes

Law of Tort

1. Nature of tort

A tort is a civil wrong - an act or omission causing harm to another person, for which the law provides a remedy, typically damages. Unlike breach of contract, tort does not require an agreement between the parties.

2. Negligence - the elements

1. Duty of care - the defendant owed the claimant a duty to take reasonable care
2. Breach - the defendant fell below the standard of care reasonably expected
3. Causation - the breach actually caused the harm suffered
4. Damage - the claimant suffered actual, recognised harm

All four must be established.