Chapter 23 Law of tort

The law of tort is concerned with the imposition of duties and liabilities as between parties. It has particular relevance for those working in the construction industry. Liability in tort may arise in a number of ways. Liability may arise in the tort of negligence. This requires an examination of the circumstances in which a duty of care will be found, the issue of breach of duty, whether a breach can be said to have caused loss, what losses may be recoverable by the injured party, and possible defences. Liability may also arise in nuisance (private, public and statutory), as well as under the principles of liability for the escape of dangerous substances established by the case of Rylands v. Fletcher. A party may be liable to another in tort for breach of a statutory duty owed by it; statute also imposes duties on those whom the law terms occupiers to visitors, under the Occupiers’ Liability Act 1997, and on those undertaking work in connection with a dwelling, under the Defective Premises Act 1972. Finally, liability may arise in the tort of trespass, including trespass to the subsoil or airspace of a neighbouring property.