ABSTRACT

Negligence is a tort. It is, however, necessary to define what is meant by ‘a tort’ before considering the essentials of negligence. A tort is a wrongful act against an individual or body corporate and his, her or its property, which gives rise to a civil claim (usually for damages, although other remedies are available). Principally, liability is based on fault, although there are exceptions to this, for example, breach of statutory duty, vicarious liability and the tort established in Rylands v Fletcher (1865). The motive of the defendant in committing the tort is generally irrelevant.