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A tort is a breach of a general duty under the law and includes such wrongs such as negligence, nuisance and defamation.
A person who suffers any loss, injury or harm from the wrongdoer’s actions may sue for compensation in the form of damages.
To sue under a tort, a person must show that an act or non-action called an omission was done intentionally or negligently and this caused the person to suffer some loss, harm or injury.
Examples of the main torts include the following :
Negligence :
Negligence takes place when the careless behaviour of one person or body causes loss, harm or injury to another person.
In order to make a claim of negligence, a person must show that :
The other person or body owed him a duty of care as a legal neighbor.
The other person breached that duty of care by not acting as a reasonable person.
Harm, injury, or loss was suffered by the person because of the breach of the duty of care which was foreseeable in the circumstances.
2. Defamation
Defamation is the publication of a statement about a person which tends to lower his reputation in the eyes of the community.
The harm caused by the statement can be a loss of reputation, embarrassment, financial loss or a specific loss like the loss of a job.
If the defamation is published in a newspaper or article, it is called 'libel' but if it is said orally, then it is called 'slander'.
3. Trespass
There are three types of trespass :
Trespass to person - This includes actual hitting or battery, threats of harm or assault and unlawfully restricting a person’s freedom of movement or false imprisonment.
Trespass to land - This is interference with another person’s right to the exclusive possession of his land.
Trespass to goods - This is interference with a person’s goods or personal property.
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