Explain what must be proved to make the defendant responsible for the claimant's loss.( tort)?

Answer 1

First the platiff must present a prima-facia case that the tort was commited.

There are many types of torts, and the elements are different for each one. For example, for Negligence, one must show that the defendant failed to act resonably in a situation where he was required too, and that resulted in damages to the plantiff. (Thats the duty, breach, causation, and damages formula),

These must be proved by a proponderance of the evidence.

The burden then shifts to the defendant, who may present defences to the tort, such as claiming that the plantiff's own negilence caused the damage. These must be proved by a proponderance of the evidence.

All this goes to a fact finder (judge or jury), who decides the ultimate issue.

The best was to see a list of all the possible torts and thier elements in your area is to look up the Jury instuctions. For example, Google: California Jury Instructions.

Answer 2

You need to prove all the elements of negligence.

Duty, breach, causation, damages.

All four must be present otherwise no dice. Also, depending on the jurisdiction, you also have to think about the defenses to negligence.

Answer 3

You have to prove negligence