Business Law: Torts

This guide is specifically designed for students studying the legal aspects of business, management and accounting. It contains resources about case law, legislation and the legal environment in which businesses operate.

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Introduction

Torts law regulates our responsibilities to each other even when we don’t have an agreement or prior relationship. It recognizes we should exercise a “duty of care” for our neighbour and in our communities. Torts involves a re-adjustment of personal and public risk and loss. A key feature in Torts is compensation for loss as a result of negligence or trespass. 

“Torts: A wrongful act or omission for which damages can be obtained in a civil court by the person wronged ... The law of tort is mainly concerned with providing compensation for personal injury and property damage caused by negligence. It also protects other interests, however, such as reputation, personal freedom, title to property, enjoyment of property, and commercial interests…”

Read more from the Dictionary of Law:

Law, J. & Martin, E. A. (Eds.). (2015). A Dictionary of Law. (7th ed). Oxford, England, Oxford University Press. 

Torts are claims brought under Civil Law by individuals against other individuals or the state.  If the tort is proven on the “balance of probabilities”, a court can order a remedy so the plaintiff is back in the same position before the harm occurred.

The law of negligence in Victoria, Australia, is contained in the Wrongs Act 1958 (Vic).

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