ABSTRACT
Negligence is a tort. 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 (for example, injunctions). Liability arising in tort is not dependent upon the existence of a contractual relationship (see Chapters 8 and 9) and obligations in tort are not agreed to voluntarily like many contractual terms, rather, obligations in tort are imposed by the law. Liability is generally based on fault, although there are exceptions to this, and it is the courts which develop the principles relating to standards of care and required conduct. The motive of the defendant in committing the tort is generally irrelevant.
