Tort law is vital in all lawsuits. All civil suits except for the contractual disputes fall under this category. Tort law aims at offering victims of any wrong doing with compensation for the damages done. However, there are some exceptions where the tort case does not succeed if the elements of tort law are not fulfilled.
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For a tort case to be successful, it must fulfil the following elements;
Duty of care
For a tort claim to be successful, it must have a duty of care. This is a requirement for an individual to adhere to some amount of attention when performing any act to ensure that it does not impose any harm to others. It shows that the person or company reported having harmed another individual is playing their part. For example, drivers have a duty of care to ensure that they drive safely and not under the influence of drugs.
Breaching the duty of care
If an individual breaches the duty of care, whether intentionally or unintentionally, then they are liable for the tort. For example, if a driver drives under the influence of drugs and this results in an accident, the driver will be guilty of breaching the duty of care and, therefore, liable for a tort.
This is the element which causes the harm. The part is vital since, for the claim to be successful, there has to be the action that caused damage to the victim. In the absence of the cause, then there is no case.
This is the result of the cause. For one to file the tort case, there has to be proof that they suffered pain as a consequence of the action.
If the mentioned elements are all present, then a tort has been committed. Therefore, there will be a court case if damage or injunction occurs. To understand more about this sector of law, come to us as we are among the best law tutors London and we will offer you a comprehensive tutorial to help you in your course.