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Tort law is about civil wrongs: the claimants argue that the defendant breached their civil rights. Tort Law is therefore an important part of Private Law, being the law that applies between individuals.

There are many different ‘torts’, each prescribe different rights and obligations. It is important not to merge these torts, and to apply them separately and logically. Similarly, it is important to distinguish the different potential claims that can be made by a person.

This section currently focuses on the biggest tort: the tort of negligence. We are currently working on other sections of tort law, which will be added soon.

The tort of negligence is concerned with the duty to take reasonable care not to cause reasonably foreseeable loss. Claimants will bring a claim in the tort of negligence against another party to recover their losses which was allegedly caused by the defendant’s failure to take reasonable care.

Duty of Care

The tort of negligence does not impose liability whenever someone fails to take reasonable care. Instead, the claimant must show that the defendant is ‘responsible’ for its loss, primarily by showing that the defendant owed them a ‘duty of care’.

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Breach of Duty

Using the objective test of the reasonable person, the Court determines whether the defendant failed to take reasonable care.

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Causation

The claimant must show that the defendant caused them a loss. The Courts have had to define the test for causation, which is split into factual and legal causation, and then determine the meaning of ‘loss’.

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Remoteness of Damage

Coming soon!

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