Tort Liability

Tort liability refers to the legal responsibility or obligation of an individual, organization,

or entity to compensate for harm or injury caused to another party due to a wrongful act or

omission. In legal terms, a tort is a civil wrong that causes harm to someone else, whether it's

intentional or accidental. Tort liability arises when one party breaches a duty of care owed to

another, resulting in damages. There are several types of torts, including:

1) Negligence: This occurs when someone fails to exercise reasonable care, resulting in

harm to another party. For example, a driver who runs a red light and causes an

accident may be held liable for negligence.

2) Intentional Torts: These occur when someone intentionally harms another person or

their property. Examples include assault, battery, trespassing, and defamation.

3) Strict Liability: In some cases, liability can be imposed without proof of negligence or

intent. This often applies to situations involving inherently dangerous activities or

defective products. For instance, if a company manufactures a defective product that

causes harm to consumers, the company may be held strictly liable for the damages.

Tort liability allows injured parties to seek compensation for their losses, including

medical expenses, lost wages, pain and suffering, and property damage. The goal of tort law is to

provide relief to victims and to deter wrongful conduct by holding wrongdoers accountable for

their actions.

Elements of Liability

The elements of liability in tort law typically include fault, damage, and a causal link

between the fault and the damage suffered by the plaintiff, where:

1) Fault (Breach of Duty): This element refers to the responsibility or liability of the
 defendant for their actions or omissions that caused harm to the plaintiff.

2) Damage: This element refers to the harm, loss, or injury suffered by the plaintiff as a result of

the defendant's actions or omissions. Damage can take various forms, including physical

injury, emotional distress, property damage, and financial losses.

3) Causal Link: There must be a direct connection or causal link between the defendant's fault

and the damage suffered by the plaintiff. In other words, the plaintiff must demonstrate that

the defendant's actions or omissions were the direct cause of the harm they experienced. The

causal link establishes that the harm would not have occurred "but for" the defendant's

wrongful conduct.

These elements collectively form the basis for establishing liability in tort law. To succeed in a

tort claim, the plaintiff must prove each of these elements by prevalence of the evidence, meaning that it

is more likely than not that the defendant is liable for the harm suffered by the plaintiff.

Elements of Fault

The concept of fault in tort law encompasses both a physical element and a moral element. These

elements help to determine the level of liability or responsibility of the defendant for the harm suffered by

the plaintiff, where:

1) Physical Element: The physical element of fault refers to the defendant's actions or omissions

that directly contribute to the harm suffered by the plaintiff. In other words, it involves the

tangible conduct or behavior of the defendant that caused or contributed to the plaintiff's

injuries or losses. This can include actions such as driving recklessly, manufacturing

defective products, or failing to maintain safe premises.

2) Moral Element: The moral element of fault pertains to the defendant's state of mind or

intention at the time of the harmful act or omission. It reflects the defendant's mental liability

or blameworthiness for the harm caused to the plaintiff. The moral element of fault can be

categorized into different levels such as intentional wrongdoing, negligence, and strict

liability.

1
 The physical element of fault concerns the defendant's actions or omissions that directly

contribute to the harm suffered by the plaintiff, while the moral element involves the defendant's mental

state or intention at the time of the harmful conduct.

 Article 163 of Egyptian Civil Code: Establishes the principle of liability for compensation when

a person commits a fault that results in damage to another party. It emphasizes the responsibility

of individuals to compensate for harm caused by their wrongful actions or omissions.

Types of Damages

In the context of tort law, damages refer to the compensation awarded to a plaintiff for the harm

or injury suffered as a result of the defendant's wrongful conduct. Damages can be categorized into

various types, including physical damages and moral damages:

1) Physical Damage: Also known as compensatory damages, are awarded to compensate the

plaintiff for tangible losses or injuries that can be quantified monetarily. Physical damages

may include:

i. Medical Expenses: Compensation for the costs of medical treatment,

rehabilitation, therapy, medication, and any other healthcare expenses

incurred as a result of the injury or harm caused by the defendant.

ii. Lost Wages: Compensation for income or earnings lost by the plaintiff due to

their inability to work as a result of the injury. This may include wages,

salaries, bonuses, and other employment benefits that the plaintiff would

have earned if not for the injury.

iii. Property Damage: Compensation for the repair, replacement, or loss of

personal property damaged or destroyed as a result of the defendant's

wrongful conduct. Property damage may include damage to vehicles, real

estate, personal belongings, or other assets.

2) Moral Damage: Also referred to as non-economic damages or pain, compensates the plaintiff

for intangible harms or losses that are not easily quantifiable in monetary terms. Moral

2
 damages may include:

i. Pain and Suffering: Compensation for the physical pain, discomfort, and

emotional distress experienced by the plaintiff as a result of the injury or

harm caused by the defendant. Pain and suffering damages seek to address

the physical and emotional toll that the injury has had on the plaintiff's

quality of life.

ii. Loss of Enjoyment of Life: Compensation for the loss of enjoyment,

activities, hobbies, and lifestyle changes resulting from the injury. This

includes the inability to participate in activities or pursue interests that were

previously enjoyable or important to the plaintiff.

iii. Emotional Distress: Compensation for the psychological trauma, anxiety,

depression, fear, and other emotional or mental anguish experienced by the

plaintiff as a result of the defendant's wrongful conduct.

Moral damages aim to provide fair and just compensation to the plaintiff for the non-economic

aspects of their injury or harm. While physical damages compensate for tangible losses, moral damages

recognize the human suffering and emotional impact caused by the defendant's actions.

 Article 164-1 of Egyptian Civil Code: Underscores the principle of personal responsibility for

unlawful acts committed by individuals possessing discretion. This implies that individuals who

have the capacity to make decisions are accountable for their actions, regardless of whether those

actions were intentional or negligent.

Negation of Causal Link Between Fault and Damage

The negation of the causal link between fault and damage is a legal argument that asserts that

there is no direct connection or causal relationship between the defendant's wrongful conduct (fault) and

the harm suffered by the plaintiff (damage). In tort law, establishing a causal link is crucial for holding

the defendant liable for the harm caused to the plaintiff.

When the causal link between fault and damage is negated, it means that the plaintiff fails to

3
demonstrate that the defendant's actions or omissions were the direct cause of the harm they experienced.

This argument may arise in various scenarios, and there are several ways in which the causal link can be

challenged:

1) Intervening Cause: The defendant may argue that an intervening cause, an event or action that

occurs after the defendant's conduct, is the true cause of the plaintiff's harm, rather than the

defendant's actions. An intervening cause breaks the chain of causation between the

defendant's conduct and the plaintiff's harm.

2) Lack of Foreseeability: The defendant may contend that the harm suffered by the plaintiff

was not reasonably foreseeable at the time of the defendant's conduct. Foreseeability is an

essential element in establishing direct cause, and if the harm was unforeseeable, it may

weaken the causal link between fault and damage.

3) Contributory Negligence: In some jurisdictions, if the plaintiff's own negligent conduct

contributes to their harm, the defendant may argue that the plaintiff's actions break the causal

link between the defendant's fault and the damage suffered by the plaintiff.

4) Superseding Cause: A superseding cause is an unforeseeable event that intervenes after the

defendant's conduct and becomes the primary cause of the plaintiff's harm. The defendant

may argue that the superseding cause absolves them of liability because it dissolves the

causal link between the defendant's fault and the plaintiff's damage.

To successfully establish liability in tort law, the plaintiff must demonstrate not only that the

defendant breached a duty of care and caused harm but also that there is a direct and foreseeable causal

link between the defendant's fault and the damage suffered by the plaintiff. The negation of this causal

link is a common defense strategy used by defendants to challenge the plaintiff's claims of liability.

 Article 165 of Egyptian Civil Code: Outlines exceptions to liability for compensation when the

defendant can prove that the damage resulted from a foreign cause beyond their control. Such

causes include sudden accidents, force majeure events, the fault of the injured party, or the fault

of a third party. If the defendant can establish that the harm resulted from a cause unrelated to

4
 their actions or negligence, they may not be held liable for compensation under this provision.

References

Hage, J. (2017). Tort Law. Introduction to Law. Springer, Cham. https://doi.org/10.1007/978-3-

319-57252-9_6

Fault in Law. https://www.studysmarter.co.uk/explanations/law/civil-law/fault-in-law/

The Egyptian Civil Code. https://images.investgo.cn/law/ad75a81f-830f-4282-8a1b-

b92578ea1a92.pdf