Definition of Tort Liability

In the field of right the concept of responsibility tort part of a beginning general: whoever causes damage to another is obliged to compensate him. It is called tort because the damage caused to someone is not associated with a previous contract. In some cases, the concept of tort is compatible with the existence of a contract, because despite having an established contract, the damage caused has no relation to the contents of the contract.

It should be noted, on the other hand, that the damage or injury caused may be negligent or fraudulent. There is guilt when there is no intention to cause harm and there is intent when there is a clear intention to cause harm to someone.

The tort liability of someone must incorporate a series of conditions

First, there has to be an action or a omission illegitimate that causes damage. For example, in a traffic accident the action would be the hitting of a pedestrian and in the field of medicine if a surgeon does not suture a wound properly, he is omitting a responsibility that causes harm to the patient.

In some exceptional cases, damage may occur without an associated liability (for For example, injuring someone in self-defense or when a mentally incapacitated individual causes harm to another).

Second, there is tort liability when there is intent (the clear intention to cause harm) or some kind of fault (there is no purpose to cause harm but act negligently and harm another person).

Third, there must be a causal link between the action and the harm done

Thus, in a traffic accident there is a tort liability when the driver commits negligence that directly causes the hit of a pedestrian. If there were no causal link, there would be no legal liability.

Finally, there has to be a certainty of harm

Damages can be of various types (patrimonial, moral, personal or loss of earnings). Loss of profit occurs when the person affected by the damage stops perceive some income as a consequence of the illegitimate action. In any case, the certainty of the damage exists when it can be clearly demonstrated that the damage has occurred.

Final conclusion

On conclusionTo speak of tort liability, it is necessary that the four requirements mentioned above are met. If any of them were not produced, this type of responsibility would cease to exist.

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