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Chapter 3

The main elements of a tort

In order to be successful in an action for tort, the following conditions must be
satisfied:

 There must be an act or omission by the defendant.

 The act or omission must have directly caused damage or injury to the claimant.

 The courts must be able to establish a legal liability as a result of the damage.

A claim will only be successful if the damage or loss suffered is not “too remote” i.e.
the damage or loss must be as a direct consequence of something the defendant did
or did not do.

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