TABLE OF CONTENTS A tort is a civil wrong, e.g. negligence, nuisance, trespass or defamation.
A tort arises independently of a contract, the basic remedy for a breach being a claim for unliquidated damages.
The person who commits the tort is known as the Tortfeasor and he will always be liable.
For a plaintiff to be successful in his claim the following are the essential elements.
The defendant owed him a duty of care.
The defendant breached that duty.
As a result the plaintiff suffered damage.
People owe a duty to their neighbours to take reasonable care to avoid negligent acts or omissions. Donaghue ? Stevenson.
The duty of care is owed not only to the primary victim but also to secondary victims for nervous shock.
Statute also imposes a duty of care to occupiers of premises under the Occupiers Liability Act 1957 (visitors) and the Occupiers Liabilities Act 1984 (trespassers).
As a general rule the plaintiff must show that the defendant failed to take reasonable care. Professional person's standards are higher dependant on the standard and practices at the time. Amateurs undertaking skilled work will have to reach the standard of a competent worker.
This means the "facts speak for themselves". Generally the plaintiff must prove that he was owed a duty and it was breached. Res Ipsa Loquitur reverses the burden of proof to the defendant to rebut negligence. Bryne ? Boadle.
