APEGS National Professional Practice Examination (NPPE) Exam NPPE Question # 55 Topic 6 Discussion
NPPE Exam Topic 6 Question 55 Discussion:
Question #: 55
Topic #: 6
Tort law entitles a person who has suffered a loss to seek damages from a negligent person. Which of the following conditions may be absent from a tort action without affecting the success of the lawsuit?
A.
The defendant breeched the duty of care.
B.
The defendant owed the plaintiff a duty of care.
C.
The defendant had a service agreement with the plant ff.
D.
The plaintiff suffered loss or damage and the breach was a proximate cause.
The condition that may be absent from a tort action without affecting the success of the lawsuit is that the defendant had a service agreement with the plaintiff (Option C). For a tort action to be successful, it generally must be shown that the defendant owed the plaintiff a duty of care, breached that duty, and caused damages or loss as a result of that breach. Whether or not a service agreement existed between the parties is irrelevant to the establishment of these elements, especially if the harm resulted from a negligent act that violated a duty of care inherent in the defendant's actions or omissions.
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