Question

Which of the following is NOT and element of a tort cause of action __________.

a) Duty
b) Breach of Duty
c) Probable cause
d) Damages
e) None of the above

Answer 1

The element not found in a tort cause of action is probable cause, which pertains to criminal law rather than tort law.

Step-by-step explanation:

The element that is NOT an element of a tort cause of action is probable cause. The standard elements of a tort case typically include: a) Duty, which is the legal obligation the defendant owes to the plaintiff; b) Breach of Duty, where the defendant fails to meet their legal obligation; and d) Damages, which refers to the harm the plaintiff has suffered as a result of the breach. Probable cause is more commonly associated with criminal law rather than tort law, and it pertains to the justification for arrest or issuing a search warrant.