Negligence & Torts
3. Introduction to Torts
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 15 Aug 2015
- A tort is a wrongdoing that causes harm or injury to another person. That harm can be physical, economic or legal. Torts law is founded upon the following main principles:
- there must be an act or an omission by the defendant that interferes with the plaintiff’s rights and causes damage to the plaintiff; and
- the defendant’s action or inaction must give rise to a cause of action for damages.
- Tort law is generally divided into three categories.
- The first category is negligence.
- An action in negligence can be brought by a person who has suffered harm due to an unintentional act or omission by the defendant.
- The harm is usually caused because the defendant failed to exercise reasonable care against risks that could lead to harm.
- For example if you leave your unfriendly dog unleashed outside your house or a shop and it bites someone as they walk past this could be considered negligent behaviour on your part.
- The second category is intentional torts.
- A claim in the area of intentional torts can be brought against a person who deliberately conducts themselves in a manner that causes harm to another person. For example:
- trespass to the person;
- trespass to land;
- defamation;
- fraud; or
- nuisance.
- The third category is strict liability torts.
- Strict liability means that regardless of whether you intended to breach the law or commit a tort you are responsible for the outcome.
- A strict liability tort does not require any proof that you were
- The liability will be strictly enforced upon you whether you intended the act or omission or not.
- An action against a person for a strict liability tort usually occurs where that person has breached a duty imposed by law.
- For example in some Australian states and territories there are workplace statutes that require employers to have a safety protocol in place to protect their employees from injury due to using dangerous machinery. If a worker is injured while using dangerous machinery they may bring an action in strict liability tort against their employer even if an action in tort for negligence cannot be made out.
- Another example is a manufacturer who has produced defective goods. If a user is injured the manufacturer may be strictly liable even if they exercised all reasonable care in the manufacturing process.
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