Navigating the law of torts can feel overwhelming, but understanding the principles of liability can provide clarity. Whether you’re a plaintiff or a defendant, knowing the differences between fault and no-fault liability, the elements that make up a tort, and key concepts like malfeasance can empower you in legal situations. This post covers these critical aspects, ensuring you grasp how they influence legal accountability.

Fault and No-fault Liability

The concept of liability is typically divided into two main categories: fault liability and no-fault liability. Each of these plays a significant role in the outcome of tort cases.

Fault Liability

Fault liability requires the injured party, or plaintiff, to prove that the defendant acted negligently or intentionally caused harm. In practical terms, this means the plaintiff must establish that:

• The defendant owed a duty of care.

• The defendant breached that duty.