Elements of Tort Liability

Abstract

Elements of tort liability are the basic components for establishing tort liability and the necessary prerequisites for a perpetrator to assume liability. Whether to hold a perpetrator liable after he has committed illegal act or caused damage should not be determined solely based on the illegal act or the damage. Rather, imputation of tort liability should be determined by examining all elements of tort liability. It is only after all elements have been proved that a perpetrator can be held liable and ordered to compensate the damage. Thus, it is not the case that a perpetrator must bear liability if he has committed illegal act or caused damage. Only when certain conditions are met the perpetrator can be held liable, and these conditions are the very elements of tort liability.