Canadian Accredited Insurance Broker (CAIB) One Practice Exam

What are the three essential elements that must be present in a tort?

1. Duty owed, duty breached, and damages resulted

2. Intent, act, and injury

3. Contract, violation, and remedy

4. Responsibility, authority, and consent

The correct answer is: Duty owed, duty breached, and damages resulted

The three essential elements that must be present in a tort are duty owed, duty breached, and damages resulted. This framework is fundamental in tort law, which deals with civil wrongs that cause harm or loss to individuals. To elaborate, the first element, duty owed, refers to the legal obligation one party has to another, typically arising from the expectation that individuals will behave in a certain manner to avoid causing harm. The second element, duty breached, indicates that the party responsible for the obligation did not meet the required standard of care, thus failing in their duty. Finally, the damages resulted element is crucial, as it establishes that the breach of duty actually caused harm or injury to the plaintiff, thereby justifying the claim for compensation. This combination of elements ensures that there is a clear link between the actions of the defendant and the injury sustained by the plaintiff, forming the basis for a legal claim in tort law. Other options do not align with the established principles of tort law, as they address different legal concepts or frameworks.