A tort is a tort that focuses on the situation where you have a duty of care (responsibility to avoid causing harm to another person with your act), but there cannot necessarily be a contract between the parties, i.e. the person who drives a car on the road has a duty of care towards others. NotesTort of negligence: Ewan Macintyre said that “negligence is the most important tort, covering an enormous number of situations. To some extent, negligence fills the gaps left by the book's amna on more strictly defined torts. The elements needed by the claimant to establish the tort of negligence are: • Duty of care • Breach of that duty of care • Damage caused by that breach Difference between physical and psychiatric harm: • Physical harm is easy to prove or claim because it is visible while psychiatric damage is difficult to prove or claim because it is in the person's mind. • Courts must use caution when dealing with psychiatric harm as it can be falsified very easily because it is related to a person's psychological state which is not easy to prove while physical injuries are visible and tests can show whether a person has suffered a damage or if it has been falsified.• The law is lenient for physical damage but is severe for psychiatric damage. • Claims for physical injuries are objective whereas claims for psychiatric injuries are subjective. • The law is lenient in terms of decision making in case of physical harm, but is harsh and unfair in case of psychiatric harm. • Physical injury is a test based where psychiatric injury is medical based.• Physical injury involves one of the primary victims while psychiatric injury involves the primary and secondary victim.Duty of careLaw of TortsNeighbor test, Donoghue v Steveson (1932 )H...... half of paper... the requests are in most cases in favor of the requester. In physical injuries we have a primary victim who can also be an eggshell victim. The eggshell victim standard is good because it protects disabled people as they require a special duty of care. On the other hand, in the case of psychiatric damage, claims are very difficult to make and the law is also very strict in this regard. Psychiatric damage is not predictable and you have everything in your brain and you know less about his brain and this is the reason behind the harsh decisions regarding psychiatric damage. In psychiatric harm we have a primary victim and a secondary victim, but the secondary victim faces very difficult times compared to the primary victim. It is clear from English law that claims for bereavement or sorrow caused by the death of a person are not granted. In the secondary victim there must be closeness of relationship between the actor and the offended person.