Chapter 4: Understand the nature of the law of tort

Question 1

What is a tort?

Answer 1

A tort is a breach of legal duty.

Question 2

What is the liability in a tort?

Answer 2

There is no liability unless the law recognises that the duty exists.

Question 3

How does a tort differ to a contract?

Answer 3

A contractual relationship does not have to be established for a claim in tort to be successful.
Often the parties have never met before.

Question 4

What is the purpose of damages in tort?

Answer 4

The amount of damages awarded is intended to put the claimant in the position he or she would have been in had the tortious act never taken place.

Question 5

What is the limitation period of a contract?

Answer 5

Six years from the breach of contract.

Question 6

What is the limitation period of a tort?

Answer 6

Generally six years, but three years for personal injury.

Question 7

What are the three conditions that must be satisfied in order to be successful in an action for tort?

Answer 7

There must be an act or omission by the defendant.

The act or omission must have directly caused damage or injury to the claimant.

The courts must be able to establish a legal liability as a result of the damage.