Introduction to Torts and Negligence Fundamentals

TL;DR

Torts are civil wrongs that cause someone harm, leading to legal liability for the person who commits the wrong. Negligence is the most common type of tort, occurring when you fail to act with reasonable care and that failure causes injury. To prove negligence, you need to show duty, breach, causation, and damages.

1. The Mental Model

Think of tort law as the rules for when someone is responsible for hurting someone else, even if they didn't mean to. Negligence is like accidentally breaking something valuable because you weren't careful.

2. The Core Material

The Law of Torts is about civil wrongs that result in harm to another person, for which the law provides a remedy, usually monetary damages. Unlike criminal law, which is about wrongs against the state, tort law is about wrongs between individuals.

What's a Tort?

A tort is a civil wrong that causes a claimant to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. It's different from a breach of contract (where parties agree to duties) because tort duties are imposed by law, not by agreement.

Introducing Negligence

Negligence is the most frequently litigated tort. It's about failing to act as a reasonably prudent person would have acted under similar circumstances, and that failure causes injury or damage. It's not about intent; it's about careless conduct.

To prove negligence, you must demonstrate four key elements:

2.1. Duty of Care

You must show that the defendant (the person being sued) owed a legal duty of care to the claimant (the person suing). This isn't just a moral duty; it's a legal obligation to avoid harming others. The landmark case Donoghue v Stevenson (1932) established the "neighbour principle," stating you owe a duty of care to persons who are so closely and directly affected by your act that you ought reasonably to have them in contemplation as being so affected when you are directing your mind to the acts or omissions which are called in question.

2.2. Breach of Duty

Once a duty of care is established, you need to show that the defendant breached that duty. This means the defendant's conduct fell below the standard of care expected of a "reasonable person" in the same situation. The "reasonable person" isn't perfect; they're an ordinary, prudent individual. Factors like the probability of harm, seriousness of potential harm, cost of preca