Elements of Tort Negligence

Negligence suits have historically been analyzed in stages, called elements, similar to the analysis of crimes. An important concept related to elements is that if a Plaintiff fails to prove any one element of his claim, he loses on the entire Tort claim. For example, let's assume that a particular Tort has five elements. Each element must be proven. If the Plaintiff proves only four of the five elements, the Plaintiff has not succeeded in making out his claim.

Common law jurisdictions may differ slightly in the exact classification of the elements of Negligence, but the elements that must be established in every Negligence case are: duty, breach, causation, and damages. Negligence can be conceived of as having just three elements - conduct, causation and damages. More often, it is said to have four (duty, breach, causation and pecuniary damages) or five (duty, breach, actual cause, proximate cause, and damages). Each would be correct, depending on how much specificity someone is seeking. "The broad agreement on the conceptual model", writes Professor Robertson of the University of Texas, "entails recognition that the five elements are best defined with care and kept separate. But in practice", he goes on to warn, "several varieties of confusion or conceptual mistakes have sometimes occurred."