Tort and negligence

Tort and negligence

This subtopic covers general torts, negligence and nuisance.

For a summary in tabular form of some of the more illustrative decisions in negligence claims (as from 1 January 2020), see Practice Notes:

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Negligence claims—illustrative decisions (2025)
•
Negligence claims—illustrative decisions (2020–2024) [Archived]

What are claims in tort?

Definition and background

The two key and mutually supporting functions of tort law are to:

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compensate people when their rights are infringed, and
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provide a mechanism for redress, to thereby define and uphold those rights

The courts strive to strike a balance between promoting corrective justice and remedying wrongs on the one hand and not contributing to the creation of an overly litigious society that believes there must be a remedy for every misfortune on the other. In attempting to achieve this, judges consider the balance of risk and responsibility at both an individual and a societal level.

Tort law seeks to provide protection of varying degrees for physical and mental health, personal property and real property (ie land) as well as personal privacy and reputation.

For further guidance on the evolution of tort

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