For a person to have tortuous liability, the following requisites should be met:

1. Act: First of all, there must be an act. It may be a positive act (for example, to
stab another person) or an act of omission (for example, a night nurse sleeping and not giving the medicine and care to the patients). 

2. Unlawfulness: Unlawfulness is the avoidance of the compulsory legal rules that safeguard a person in her person and/ or property.

3. Fault (culpa): Fault is either a willful act or a negligent act. A person cannot have fault, as a rule, unless he/she has the ability to make fait judgments. A willful act is an act in which the person committing the act knows the results of the act and actually to achieve these results. A negligent act is an act, and the person committing it or could have known the results if she was careful enough, but actually does not want the result, however does not take care to prevent it. 

If there is a crimal, there is fault, but the criminal intent does not cover all the cases of fault; There are also faults that are not criminal.

4. Damage: It is the loss either given to a person or to his property or both. A person
claiming damages must prove the loss he/ she is suffering from. There are two main types of damages; material damage and immaterial (moral) damage.

5. Proximate causal relation: There must be a proximate causal relation between the unlawful act and the damages. In other words, the damage should be result of the unlawful act.