This topic covers negligence as well as contributory negligence.
Negligence is a " tort ' which provides you with a cause of action to
sue someone in a Civil Court if they have caused you damage through their carelessness.
But there are a lot of legal rules to look at first.
We think that the Law of Torts is an exciting subject.
A "tort" is a civil cause of action which allows a Plaintiff to bring a claim against a Defendant in a civil court for damages for civil wrongdoing.
Many text books spend chapters trying to define the word "tort". It came from the French language meaning "wrong" and was brought to the English system after the Norman (French) invasion over a thousand years ago.
It is difficult to provide an exact definition but the Law of Torts is concerned with the civil factual situations where the conduct or behaviour of one citizen causes harm to or invades a property or space or interests of another person.
The Law of Torts provides a body of rules or causes of action which allow one person to sue another in a civil court for damages.
We suggest that you visit our Index Site entitled Cause of Action to give you a general overview of established legal principles which allow you to sue people if you have suffered damage.
We also suggest that you seek out from the library a very worthwhile text book on the law of torts in New Zealand which is the third edition of Todd intitled The Law of Torts in New Zealand.
The category of torts is not closed. Even though we are into the 21st century the Courts are always willing to develop a further tort or wrongdoing capable of sustaining a claim for damages.
We shall see how Internet fraud or Internet privacy invasion develops into a tort.
We have seen in modern times the tort of breach of privacy being developed.
The New Zealand Bill of Rights Act 1990 has allowed for the basis for a number of new torts if damages have been caused by a breach of those citizens’ rights contained in that Act.
It is only a mere 70 years since the tort of negligence (carelessness) was developed.
Accordingly, although the concept of an action in tort (often known as a tortious action) has been around for a long time, the law is still able to develop new causes of action in tort in modern times.
You can sue in tort in any of our courts.
For actions un-
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