A tort is a form of wrong or a harm that has been done to a person or property. Tort in Hong Kong law is fault-based liability. It is not similar to criminal law where the law enforcement officials are involved. There are some overlapping elements with contract law and some major differences too. Tort liability is not an agreed upon liability, it is more of obligations owed. Where contractual obligations might be owed only to the parties that signed the contracts, the tort obligations will extend to everyone affected by it. The very basis of tort is to seek damages. Some of the statutory provisions of Hong Kong that will play a key role in Tort as the Occupiers Liability Ordinance (Cap 314), Fatal Accidents Ordinance (Cap 22) and the Civil Liability (Contribution) and Ordinance (Cap 377). In terms of employment it is Employees’ Compensation Ordinance (Cap 282), the Pneumoconiosis (Compensation) Ordinance (Cap 360), the Occupational Deafness (Compensation) Ordinance (Cap 469), and the non-statutory Traffic Accident Victims Compensation Scheme (funded by the Traffic Accident Victims (Assistance Fund) Ordinance (Cap 229).
A tort can be classified into three types, one is the intentional tort, where it is assumed that person intended to damage. A negligence on the other hand is when a person injured person or property despite owing a duty of care because they were careless. On the other hand a strict liability is one where the person has not been intentional nor has been negligent but is seen to be liable nevertheless. The plaintiff here is not required to prove the fault of the defendant.