Tort and Construction Law

Abstract

This chapter analyses the law of tort that relates to damage and addresses the question of whether the damage is actionable if it is caused by someone’s negligence. It explains how the law of tort is not to be understood only by the creation of a legal duty rather is dependent upon damage. It also notes the recovery in tort if someone has suffered damage, which is in contra-distinction to the law of contract. This chapter looks at damage and its categorization, focusing on the tort of negligence in relation to defective structures that has two separate species. It describes the first species that permits recovery for direct costs or losses that suffered as a result of a negligent act or omission, while the second species relates to all losses.