Essay On Tort Law
There are 4 elements to tort law which are duty, breach of duty, causation and injury.
The first element is known as the “duty of care.” A duty of care arises when the law recognizes a relationship between two parties, and in this relationship, one party has a legal obligation to act in a certain manner toward the other. The second element is a breach of the duty of care. A person or entity (such as a business or government agency) breaches the duty of care by not exercising reasonable care in fulfilling the duty. The third element is causation. The breach of the duty of care must be the legal cause of the harms suffered by the injured person. There are two typed components of legal causation which are the actual cause and proximate cause. Actual cause exists when but for the breach of the duty of care, the injured person would not have suffered an injury. Proximate cause exists when the type and extent of the injured person’s injuries were reasonably related to the breach of the duty of care. The fourth element is injury. The injured person must have suffered an injury that can be remedied by money damages, which is the legal term for monetary compensation. …show more content…
Negligence is conduct by an individual that drops below a reasonable standard of care and causes harm to another person. An individual has a duty to act reasonably when interacting with others. When that individual fails to act reasonably and thereby causes harm to others. When that individual fails to act reasonably and thereby causes harm to others, that individual is