Tort?

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Hi all,

Apologies if this is in the wrong section but I was hoping someone could explain/define the word tort in the context of law relating to building surveying.

Thanks , Jack
 
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A person who suffers legal damages may be able to use tort law to receive compensation from someone who is legally responsible. :D .
 
Thanks alastair,

Am I right in thinking that it relates specifically to an injury/claim relating to negligence?
 
Tort law is the name given to a body of law that addresses, and provides remedies for, civil wrongs not arising out of contractual obligations.[1] A person who suffers legal damages may be able to use tort law to receive compensation from someone who is legally responsible, or "liable," for those injuries. Generally speaking, tort law defines what constitutes a legal injury and establishes the circumstances under which one person may be held liable for another's injury. Torts cover intentional acts and accidents.

;)
 
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Jack - what a cheek ... getting Alastair to do your homework :eek:
 
Tort law is the name given to a body of law that addresses, and provides remedies for, civil wrongs not arising out of contractual obligations.[1] A person who suffers legal damages may be able to use tort law to receive compensation from someone who is legally responsible, or "liable," for those injuries. Generally speaking, tort law defines what constitutes a legal injury and establishes the circumstances under which one person may be held liable for another's injury. Torts cover intentional acts and accidents.

;)

FFS, if you are going to quote from Wikipedia then at least acknowledge it :rolleyes:

Tort can be summed up in one word .... negligence.

Which has its roots in Donoghue v Stevenson 1932, where the concept of duty of care was defined.

In building surveying, the surveyor will owe a duty to carry out the survey with all due diligence and professionalism expected of an expert or professional surveyor. Basically he would be expected to see, note and comment on the condition of a building.

Having established what is expected of a surveyor, it then comes to whom does he owe a duty to carry out the survey properly.

Obviously such a duty would be owed to the client instructing him (in addition to a contractual duty), but it will stretch to all those who may be affected by his actions or inactions - eg if he notices a gas leak, then he would owe a duty to a neighbour or passer-by to warn them.

A typical clause in a survey report attempts to limit the duty to the client only ... "this survey should not be relied upon by any other person" - but this will not limit the duty of care in tort.

There are three basic tests to be applied as per Donoghue v Stevenson, and you should quote these in the assignment ;)
 
Tort can be summed up in one word .... negligence.

Which has its roots in Donoghue v Stevenson 1932, where the concept of duty of care was defined.
Cripes Woody, now that is bringing back some memories for me.

First year contract law at Uni with my tutor, Bridget......oh yes she could brighten up a damp Tuesday morning! :cool:
 
Thanks for all your help guys and thanks woody for the reference to the case which I will research...

Thanks once again for the help with my homework!!! :D

Oh and I promise not to plagarise! ;)

Jack
 

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