ABSTRACT
Under the tort of negligence everyone, including business people, owe a duty to other people in society not to act unreasonably and thereby cause them harm. If a person, or a legal person such as a company, causes harm to another by negligence, then the injured person (the claimant) can recover compensation from the one who caused the harm (the defendant). A tort is a civil wrong, which is not a breach of contract. Liability in tort is not undertaken voluntarily. It is imposed by the courts, which have determined that certain types of behaviour will amount to a civil wrong, giving rise to tortious liability. Liability is based on fault, for example dangerous driving causing an accident with another vehicle. The driver who drove dangerously without regard for the safety of others on the road is at fault and is therefore liable.
