Definition of 'Tort Law' The area of law that covers the majority of all civil lawsuits.

Essentially, every claim that arises in civil court with the exception of contractual disputes falls under tort law. The concept of tort law is to redress a wrong done to a person, usually by awarding them monetary damages as compensation

Explains 'Tort Law' Tort law can be split into three categories: negligent torts, intentional torts and strict liability. Negligent torts encompass harm done to people generally through the failure of another to exercise a certain level of care (usually defined as a reasonable standard of care). Accidents are a good example of negligent torts. Intentional torts, on the other hand, refer to harms done to people intentionally by the will full misconduct of another, such as assault, fraud and theft. Strict liability torts, unlike negligence and intentional torts are not concerned with the culpability of the person doing the harm. Instead, strict liability focuses on the act itself: if someone commits a certain act (say, producing a defective product) then that person is responsible for the damages from that act regardless of the level of care exercised or their intentions.

Element of Law Torts Negligence This definition of negligence can be divided into four component parts that the plaintiff must prove to establish negligence. The legal burden of proving these elements falls upon the plaintiff. The elements in determining the liability for negligence are:

The plaintiff was owed a Duty of care There was a Dereliction or breach of that duty The tort faros directly caused the injury [but for the defendant's actions, the plaintiff would not have suffered an injury]. The plaintiff suffered Damage as a result of that breach The damage was not too remote; there was proximate cause.

Duty of care The first element of negligence is the legal duty of care. This concerns the relationship between the defendant and the plaintiff, which must be such that there is an obligation upon the defendant to take proper care to avoid causing injury to the plaintiff in all the circumstances of the case. There are two ways in which a duty of care may be established:

The defendant and plaintiff are within one of the 'special relationship; or Outside of these relationships, according to the principles developed by case law.

There are a number of situations in which the courts recognise the existence of a duty of care. These usually arise as a result of some sort of special relationship between the parties. Examples include one road-user to another, employer to employee, manufacturer to consumer, doctor to patient and solicitor to client.

Consequential damages Is a legal term referring to an injury or loss that is sustained by someone as an indirect result of another person's action. In civil litigation, damages are paid as a way to financially compensate a plaintiff for a tangible loss. Losses can include, but are not limited to, medical expenses, lost wages, or property damage.

Contributory negligence Legal principle that an aggrieved or injured plaintiff may have contributed to his or her injury by being negligent of the obvious and known conditions. Careless driving and driving without using a seat belt are examples of contributory negligence. When compared with the negligence of the defendant, the extent of contributory negligence may defeat the attempt to recover damages or may reduce the amount of the award.

Professional negligence Professional negligence is a subset of the general rules on negligence to cover the situation in which the defendant has represented him or herself as having more than average skills and abilities. The usual rules rely on establishing that a duty of care is owed by the defendant to the claimant, and that the defendant is in breach of that duty. The standard test of breach is whether the defendant has matched the abilities of a reasonable person. But, by virtue of the services they offer and supply, professional people hold themselves out as having more than average abilities. This specialised set of rules determines the standards against which to

measure the legal quality of the services actually delivered by those who claim to be among the best in their fields of expertise. The elements necessary to establish professional negligence The person asked for his information or advice choose to give that information or advice The negligence shall have been committed in the ordinary course of business or professional affairs. One person must seek information or advice from another. That person seeking information need not necessarily be the professional client. The person giving the information or device is not under a contractual or fiduciary obligation to give the information or device.