What is a Tort and what are the 4 elements that must be present?

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Expert Solution

Tort : any act that means injury or infringement of rights leading to liabilities. A tort is basically any action that causes a damage or injury to person's property and health. Tortfeasor is a term used for the person who does the tortious act. It is a civil wrong, and the victim or plaintiff is compensated for the injury caused to him or the damage he suffered because of the wrongdoing of the tortfeasor.

4 elements of tort :

To prove the existence of a tort, following four elements must be proved as present :

1. Duty : it is required that it is proved that there was a duty on the part of the defendant to take proper care and protection dealing with the plaintiff. Example : a doctor's duty to check the needles before using them on patient.

2. Breach of duty : the said duty that existed is breached by the defendant which had lead to some danger to health or safety of plaintiff.

3. Causation : it is required to be proved that the defendant and his or her breaching of duty is the cause of the injury or hazard to the safety of the plaintiffs. Example : DOCTOR'S negligence in checking the needle has caused the infection.

4. Injury : the breach of duty has caused the injury or damage to plaintiff's health or property.

Hope it helps, cheers !

keosha answered 11 months ago

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