Tort of negligence

Civil law has a number of branches. Most relevant to this book are contract, tort (delict in Scotland) and labour law. A contract is an agreement between parties which is enforceable at law. Most commercial law (for example, insurance) has a basis in contract. A tort is a breach of duty imposed by law and is often called a civil wrong. The two most frequently heard of torts are nuisance and trespass. However, the two most relevant to safety law are the torts of negligence and of breach of statutory duty. 

The various branches of law may overlap and interact. At Hazards, Bertha has a contract of employment with her employer, as has every employee and employer. An important implied term of such contracts is that an employer should take reasonable care for the safety of employees. If Bertha proves that Hazards were in breach of that duty, and that in consequence she suffered injury. Hazards will be liable in the tort of negligence. There... 

Such interpretations affect the scope of the legislation, and of a civil action for breach of statutory duty. Breach of statutory duty and the tort of negligence are the two most frequent grounds for civil claims following accidents at work. 

Actions based upon the tort of negligence are far commoner than those based upon other torts. Distinctions are not exclusive. Very often the same... 

The word tort is used to indicate certain civil wrongs as distinct from criminal wrongs. Here, we are primarily interested in the tort of negligence where the term negligence ... 

The foregoing account has considered the liability of a software house in contract law. There are of course other ways in which a software house can be rendered liable for defective software which causes loss or damage, for example, the tort of negligence, or the law relating to negligent misstatement might... 

Examples of health concerns, developed in the civil tort of negligence and which are receiving increasing attention in the courts and by the HSE, are workplace stress repetitive strain injury (RSI) and (WRULD) and vibration white finger (VWF). ... 

Aside from the duties as occupier, the tort of negligence continues to apply for whoever creates a source of danger. In the criminal context, HSWA and the relevant regulations also apply when a contractor is employed, for example. 

The tort of negligence involves more than simply careless conduct causing a loss to an individual. For a civil law claim of negligence to succeed, the claimant must prove three elements ... 

The third and final test of the tort of negligence is for the claimant to prove that injury, damage or loss was sustained as a result of the defendant s failure to take reasonable care. It is important that the loss sustained is directly linked to the breach. Cases have been lost where the loss that was undoubtedly sustained had not been directly caused by the specific breach of duty. 

It should be borne in mind that the civil tort of negligence may also apply to incidents that result in loss or harm occasioned by pollution of the environment by fire effluent. 

The legal procedure involving the tort of negligence is for a plaintiff to sue a defendant for damages. If the suit is successful, the plaintiff would be awarded such damages. 

The common law has evolved over hundreds of years as a result of the decisions of courts and judges. When it relates to health and safety issues, the sector of common law known as the tort of negligence applies (a tort is defined as a type of civil wrong). Common principles or accepted standards fill the gaps where statute law has not supplied specific requirements, and the test applied is one of reasonable conduct in particular circumstances. The relationship between the employer and the employees is a special case of the application of common law principles, coming into play where the employer is alleged to have failed to carry out his duty of care towards an employee or towards another party to whom he owes a duty of care. 

---