Please cite to the original publication
The composition of a case in tort is more complex than has
been generally supposed. The assumption by courts and legal
writers that a tort is made up only of the elements of wrongdoing,
causal connection and damage has led to no end of confusion
in the development of this branch of the law. While the
causal relation and damage elements are acceptable and usable
terms, the so-called wrongdoing element is too comprehensive,
and tends to obscure the real process to which a supposedly tort
case must be subjected before responsibility can be determined.
The stubborn unity of a tort case demands a more searching
analysis than this term affords, and as desirable as simplicity
may be, it is disastrous to clear thinking and the law's development
to crowd too many concepts into an expansible catchword.
Date of Authorship for this Version
tort, wrongdoing element