What are the three elements required to establish a tort?

Prepare for the General Insurance Level 1 Exam with flashcards and multiple choice questions. Each question includes hints and explanations to help you succeed. Ace your exam now!

To establish a tort, it is essential to demonstrate that the defendant had a duty owed to the plaintiff, that this duty was breached, and that the plaintiff suffered damages as a direct result of this breach.

The concept of duty owed refers to the legal obligation the defendant has to uphold certain standards of behavior that protect others from foreseeable harm. When this duty is breached—meaning the defendant did not act in accordance with those standards and caused an injury or loss—this constitutes the second element of a tort claim. Finally, the plaintiff must show that damages were suffered, meaning they experienced actual harm, whether physical, emotional, or financial, as a result of this breach.

In this context, the other options do not capture the necessary components of tort law as accurately. For example, while intent is a key element in certain types of torts, it is not universally required across all tort claims. The mention of act, omission, and harm is somewhat vague and does not clearly delineate the legal responsibilities involved. Lastly, consent, negligence, and mitigation focus more on defenses or responses to tort claims rather than on the foundational elements required to establish a tort in the first place. Therefore, the requirement of duty owed, breach of that duty, and

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