Question

Which of the following are elements of a tort cause of action?

1) duty
2) breach of duty
3) proximate cause
4) damages
5) all of the above

Answer 1

Tort causes of action require the elements of duty, breach of duty, proximate cause, and damages.

Step-by-step explanation:

In tort law, a cause of action requires several elements to be established. These elements include:

1. Duty: The defendant owes a duty of care to the plaintiff, which is a legal obligation to avoid causing harm.
2. Breach of Duty: The defendant fails to fulfill their duty of care, either through action or inaction.
3. Proximate Cause: The defendant's breach of duty is the direct cause of the plaintiff's injury or harm.
4. Damages: The plaintiff must have suffered actual harm, such as physical injury, emotional distress, or financial loss.

Therefore, the correct answer is 5) all of the above, as all of these elements are necessary to establish a tort cause of action.