Let us now look at the essential elements or the constituents of torts.
First, there should be a duty. The duty may be to act or behave in a particular manner, or it may be to not act or not behave in a particular manner.
For instance, a driver has the duty to follow all traffic laws and also a duty not to drive in a negligent manner.
This duty is the legal obligation to avoid causing harm to others.
Also remember, that the ‘Duty’ exists because of someone’s right. E.g. It is the right of every road user to be able to use the public road safely. So, it is the duty of every driver or rider to drive carefully.
Next, there should be a breach of that duty. In our example, the driver exceeds the speed limit on a road and jumps a red light. This action violates the duty of not driving negligently.
Following the breach, there must be causation.
Causation means that there should be a cause-and-effect relationship between the breach of duty and a damage or injury suffered by the plaintiff.
In our example, the driver’s excess speed and jumping of the red light caused the driver to crash into the plaintiff’s car.
The causation can be ‘in fact’ - which is actual OR it can be proximate - where the cause-and-effect relationship may not be easily visible, but it is recognized by the law.
And lastly, there must be an injury. In our example, the accident may lead to physical injury, property damage, financial loss, or emotional distress.
This element of injury confirms that some harm resulted from the breach of duty.
A point to remember here is that the injury must be a ‘legal injury’ and, may or may not, also be an actual injury.
A legal injury means that a right of the plaintiff has been violated. We will discuss about this in a different slide.
When these elements are present - duty of care, breach of duty, causation, and injury - the essential requirements for a tort are present.
19 сен 2024
