A tort is basically a civil wrong caused by one person to another “legal person” whether as an individual, company or business. Unlike criminal acts, which are considered “wrongs” against society and punishable as such, torts are civil in nature often leading to damages as a remedy. Because they often revolve around disputes between private parties, they are tried in civil court, and focus on the damages / loss done to the injured party the methods for compensating such loss.
Negligence. In appropriate circumstances one person could owe another a duty of care and when that duty is breached and harm follows there could be a case of negligence. Most people prefer to rely on a contract and the tort (or negligence) is often relied on in the alternative such as when a professional fails to give proper advice and a business relies on that advice and suffers harm.
Misrepresentation. This is mostly dealt with under the Australian Consumer Law so that when one person make false or misleading statements in trade or commerce that is relied upon by another who then suffers loss there could be an ACL type claim. A torts claim remains available but an actionable misrepresentation has limitations in terms of the remedies available.
Tort disputes are seemingly simple but the legal system is complex making it necessary to get advice from qualified professionals. If you find yourself in a situation where your business has been wronged, resulting in physical injury to property or damages, Litigant may be able help. We have handled many disputes in tort law and so call us to find out more about your rights, simply call our negligence dispute lawyers at +61 2 8644 0663 to book a consultation.
Other, litigation and tort dispute insights:
* Disclaimer:- This publication contains general information which may not suit your particular needs or circumstances. It may be summarised and include generalisations. Details that may be important in your specific circumstances might not be included. Litigant strives to ensure that the information in this publication is accurate and up-to-date, but does not represent or guarantee that it is accurate, reliable, current, complete or suitable. You should independently evaluate and verify the accuracy, reliability, currency, completeness and suitability of the information, before you rely on it. The information in this publication is not legal or other professional advice. You should obtain independent legal or professional advice that is tailored to your particular circumstances if you have concerns. To the maximum extent permitted by law, Litigant excludes liability for any loss, however caused (including by negligence), relating to or arising directly or indirectly from using or relying on any content in this publication. Litigant asserts copyright over the content of this publication.