What are the elements of the Tort law of Negligence?

There are four elements to a tort of negligence, each of which needs to be present for a remedy to be provided:

A duty of care should be owed

For a tort to occur the defendant for an action must owe a legal duty to the victim of thetort. The obligation of duty is legally enforceable and requires an individual to exhibit behaviour which is of a certain standard. In most cases this is concerned with what an ordinary person would do in that situation with the general duty often being to prevent foreseeable injury or damage to a victim.

Breach of the duty

For a tort to occur the defendant for an action must have breached the duty that was legally imposed on him.


The breach of the legally imposed duty must have caused damage or injury, whether directly or indirectly to the victim.

Damage or injury

There must be damage or injury. This does not necessarily have to be physical damage or injury it could be monetary or often emotional distress or embarrassment are included.


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