Question

    Which of the following is not a necessary element to constitute a tort?

    A A wrongful act or omission by the defendant Correct Answer Incorrect Answer
    B The wrongful act causes harm that leads to legal damage Correct Answer Incorrect Answer
    C The wrongful act must provide grounds for a legal remedy Correct Answer Incorrect Answer
    D The plaintiff's consent to the defendant's act Correct Answer Incorrect Answer
    E The wrongful act must have been committed without just cause or excuse Correct Answer Incorrect Answer

    Solution

    Law of Tort: In general, a tort consists of some act or omission done by the defendant (tortfeasor) whereby he has without just cause or excuse caused some harm to plaintiff. To constitute a tort, there must be: (i) a wrongful act or omission of the defendant, (ii) the wrongful act must result in causing legal damage to another; and (iii) the wrongful act must be of such a nature as to give rise to a legal remedy.

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