First Principles of Business Law

Liability in tort for wrongful conduct

14. A law of 'tort' or 'torts'?

14.2. Different ways of classifying torts

 

 

 

It can be seen that some of the torts recognised in Australian law share certain characteristics.

For example, most torts (but not all) require that the plaintiff has suffered loss. Most (but not all) torts are concerned with providing redress in the form of compensation. Some torts require the proof of intentional wrongdoing, others of negligent wrongdoing, and others (such as defamation) do not require proof of either intentional wrongdoing or negligence.

By taking notice of particular characteristics such as those mentioned above, it is possible to group individual torts together according to their shared characteristics. This can be a useful way of developing an understanding of the tort law. Such groupings often explain the structure of textbooks on tort law.

But it should be understood that there is no single, widely accepted and 'correct' classification of torts: it is something that can be done in different ways for different purposes.

 

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