ABSTRACT

Simply, the law of tort applies where the behaviour of one party causes, or threatens to cause, harm to the interests of another party. The rules of the law of tort determine when one party can be compensated for the behaviour of another. Tort is limited in its scope and, although new torts do evolve from time to time, there is not necessarily a legal remedy for every wrong suffered. The most significant difference between contract and tort is that contractual liability is based on consent between the parties, a form of arranged liability, whereas tort liability is imposed by law. Although this distinction may be true in essence, again the boundaries between the two areas are not so clear. Trespass is commonly thought to be a tort relating to land, but the law also recognizes trespass to the person and trespass to goods. Trespass to the person occurs if force is directly and intentionally inflicted on another person.