The Effectiveness Of Tort Law In Australia
A tort is a civil wrong for which the innocent party is entitled to claim damages - money.
A tort is an old French word meaning a wrong. Australian law is derived from English common law and knowledge of English history is essential for an understanding of this subject. There is today a distinction between a tort and a crime. A tot is where an individual suffers a wrong or injury (such as personal injuries from an accident) the courts may assist that person – the plaintiff - to obtain redress or compensation. A crime is a wrong committed against the community (robbery or murder) and the courts will determine a proper punishment for that the guilty person – that is the criminal law. Criminal law is public law, tort law is private law.
A person who has by negligence caused harm to another person has committed a tort. The …show more content…
A person who commits murder is prosecuted by the community and is punished for that crime.
History
Australian law is derived from the English common law. The common law developed the law of tort over hundreds of years and the law of England was first introduced into
Australia on the 26th January 1788 when Governor Arthur Phillip established the colony of New South Wales at Sydney Cove.
Examples of torts
A tort is an old French word meaning a wrong. Australian law is derived from English common law and knowledge of English history is essential for an understanding of this subject. There is today a distinction between a tort and a crime. A tot is where an individual suffers a wrong or injury (such as personal injuries from an accident) the courts may assist that person – the plaintiff - to obtain redress or compensation. A crime is a wrong committed against the community (robbery or murder) and the courts will determine a proper punishment for that the guilty person – that is the criminal law. Criminal law is public law, tort law is private law.
A person who has by negligence caused harm to another person has committed a tort. The …show more content…
A person who commits murder is prosecuted by the community and is punished for that crime.
History
Australian law is derived from the English common law. The common law developed the law of tort over hundreds of years and the law of England was first introduced into
Australia on the 26th January 1788 when Governor Arthur Phillip established the colony of New South Wales at Sydney Cove.
Examples of torts