ABSTRACT
Introduction A tort exists to protect rights. The law of torts defines the rights and obligations that arise when an individual commits a wrong or injury against another. A tort has been defined as ‘an injury other than breach of contract, which the law will redress with damages’ (Fleming, J, The Law of Torts, 9th edn, 1998, Sydney: LBC Information Services), a body of law which has been developed by the common law. Tort liability is intended to compensate a victim/plaintiff by forcing the wrongdoer to pay for any damage done (although in some torts damage is not necessary; for example, a trespass to land).
