ABSTRACT
In the Introduction to this book, we saw that Winfield states that tort is a breach of a duty fixed by law while Martin and Gibbins talk about a wrong which entitles an injured person to seek compensation. The duty situation is seen clearly in connection with negligence and in connection with breach of statutory duty. Negligence arises when a duty is breached and a person suffers resulting damage. An Act of Parliament may give rise to a right to sue for breach of duty in similar circumstances. In relation to other torts, the duty is not always so obvious but it can be found. Nuisance imposes a duty to use our land reasonably so as not to cause interference with the use of another’s land; trespass to the person reinforces a duty to respect another person’s autonomy; defamation imposes a duty to tell only the truth about someone else.
