|
The tort of Negligence does not involve just one particular type of conduct or situation. Negligence is based on a more generalised concept of carelessness. This means that liability in Negligence can arise in many different circumstances.
Over the years the tort of Negligence has been developed mainly by the courts. It has been a rapidly expanding area of law. Since 2002, state and territory legislation has also been enacted, either to clarify or to modify some of the common law rules that determine liability for Negligence. These statutory provisions now exist alongside the common law.
The legislation in the various jurisdictions largely follows the model of the New South Wales legislation. The legislation does not apply, or applies only in part, to certain situations. These include intentional acts done with intent to cause injury or death or acts that constitute sexual assault; situations where injury or death resulted from smoking or other use of tobacco products; or where civil liability is governed by other statutes, such as motor accident legislation and workers compensation legislation.
Click here to see a list of the relevant legislation.
|