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Essay on Tort Liability and Elements for It to Be Established

Tort liability refers to the payment made by a personal for the legal settlement of the damages and injuries caused. Tort liability may arise from either of the following: trespass, battery, assault, products liability, negligence and international infliction of negligence. Torts lie in three main categories, namely; intentional torts, negligence torts and strict liability torts. An example of intentional tort is intentionally kicking a person. Intentional torts refer to wrongs committed by a defendant who knew the injuries of his actions. Negligence torts refer to the injuries caused by the defendant’s actions, which were unreasonably unsafe. Strict negligence liability occurs when the injury can be measured and directly established.

There are four elements that must be present for tort liability to be established, they include; duty, breach of duty, injury and legal causation. Duty in tort law refers to what should have been done, that is, there is a legally required product or service that should be done in the right manner. Breach of duty refers to deviating from the legally right activity to a different one that results into injuries. Injury refers to the actual pain or loss incurred that can be legally established. Legal causation is also referred to as proximate causation and it means that an injury is caused by a breach of duty owed to the injured party. (Steiner, E, J, pg. 362)

Prejudice refers to the unjustified attitude towards a person because the person belongs to a certain social group. The attitude is mainly negative making the aggrieved party feel odd or offended. Discrimination refers to the negative actions towards a person or a group of people based on their race, sex or social class. An example of discrimination is hiring employees based on their skin color. (McLeod, S, 2008).


McLeod, S, (2008), Prejudice and Discrimination, retrieved from:

Steiner, E, J, (2012), Problems in Health Care Law: Challenges for the 21st Century, New York: Jones & Bartlett Publishers.

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