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Page 7 of 25 |
What is a ‘tort?’ |
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A tort is a private or civil wrong or injury (other than breach of contract) for which a court of law may provide a remedy through a lawsuit for damages (compensation). When a person violates his/her duty to others created under general (or statutory) law, a tort has been committed.
The four elements present in a typical tort lawsuit are:
(1) The existence of a legal duty owed by a person to others
(2) The breach of the duty by one person (negligence)
(3) The breach of the duty being the "proximate cause" of damages suffered by a person
(4) Damages incurred by a person.
Each of the four elements of a tort typically must be present to be compensated. |
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