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The tort of negligence is the term used to categorise behaviour that poses substantial risks to other people and property.

An action done to an individual that resulted to an injuries or damages, therefore the injured party can file legal actions for it ("Tort Law - Tort | Laws.Com"). In order to recover from the injuries and damages the complainant can actually demand a compensation in a monetary from from the party who caused the injuries. There are two types of tort it can either be constitutional or personal. Constitutional tort is when the person's rights will be forbidden to him/her that is actually provided or from the Constitution while the Personal tort, is tainting a person's reputation intentionally which law will never tolerate ("Tort Law - Tort | Laws.Com").

Tort law enables citizens to seek reimbursement for loss and or suffering from conduct that would be deemed dangerous or unreasonable of others (3). Tort law is non criminal and is dealt with in our civil judicial system. The categories of Tort Law include intentional tort, negligence and strict liability.

Tort of negligence Is a major aspect of tort law and holds a large bearing in many civil cases. Negligence is simply a breach of duty or a

Negligence: A failure to act as a reasonable person would be expected to act in similar circumstances.

Under the doctrine of unintentional tort, commonly referred to as negligence, a person is liable for harm that is foreseeable consequences of his or her action. Negligence is defined as “the omission to do something which a reasonable man would do, or doing something which a prudent and reasonable man would not do.”

Due to the direct or proximate cause of negligence from the defendant has led to a disaster of massive proportions. The defendant through their inactions and negligence in the up-keeping, maintenance, and construction of the dams, that eventually led to the disaster, owe the plaintiff punitive damages.

1) Introduction a) Definition – A tort is a civil wrong, other than breach of contract, for which the law provides a remedy. A person who breaches a tort duty (i.e., a duty to act in a manner that will not injure another person) has committed a tort and may be

Negligence: Breach of a legal duty to act reasonably; the direct cause of injury to another.

*What is a tort? A civil wrong other than a breach of contract for which the law provides a remedy.

Negligence is the failure to exercise due care or diligence that a reasonable or prudent man would exercise in similar circumstances. The law of negligence falls under tort law where it involves harm that is caused by carelessness and not intentional harm (Katter, 2002). A tort is a civil wrong that is in the form of a breach of duty, which amounts to legal remedy that is awarded in damages. Tort law rests upon two principles that state that an act or omission by the defendant interferes with the rights of the plaintiff, which in turn causes damages (Trindade, 2007). Secondly, the interference caused by the defendant gives rise to a cause of action for damages that are as near as possible to the plaintiff’s loss. Therefore, negligence can be defined as doing something that a reasonable man would not have done in similar circumstances or failure to do what a reasonable man would have done which amounts to infliction of harm.

Tort is defined as an act that is wrong, except for a breach of contract or trust in or an infringement of a right. It may result in an injury to an individual or group of people, their assets and belongings, status etc for which they are legally entitled for a compensation. The term negligence is the failure to provide reasonable care, breach on duty of care resulting in damage or injury (What is tort 2013). Therefore tort of negligence is a disruption of duty and responsibility or a failure of a party to maintain standard of consideration required by law, resulting in harm, injury or damage suffered by another party. Therefore the law of tort is simply used to compensate the loss or injury without punishing the defendant. (Introduction

Negligence always involves establishing whether a duty of care exists and who has that duty. A good example is shown in the case of Donoghue v Stevenson 1932. This case introduced the law of negligence and the neighbour test. In this case a friend took Mrs Donoghue went to cafe with a friend and bought her an ice cream and ginger beer. The ginger beer came in a bottle which wasn’t clear enough to see the contents inside. After drinking half of her ginger beer she then poured the rest on top of the ice cream when a discomposed snail came out from the bottle. As a result Mrs Donoghue fell sick and suffered personal injury. She then went on to claim against the company that produces ginger beer. It was held that her claim was successful and therefore the neighbour test was established. Lord Atkins commented

Tort law can be defined as ‘an area of law that deals with the wrongful actions of an individual or entity, which cause injury to another individual’s or entity’s person, property, or reputation, and which entitle the injured party to compensation’ (Tort Law). In other words, a tort case occurs when a person has broken civil law by inflicting injury, whether physical, emotional, or that of one’s reputation, onto another person. When a crime such as this has been committed, tort law allows for the injured party, or plaintiff, to seek out compensation for the wrongs that have been committed against them (Tort Law).

Tort Law is described as an amount of rights, duties, and remedies that are put into operation by the court of law in civil dealings to offer support for people or victims. Also known as applicant or prosecutor who has grieved injury from the unlawful activities of individuals (defendant). Donoghue v Stevenson [1932] AC 562.