What arguments would you make before a court presiding over a tort law action arising from breach of a statutory provision by a pertinent duty bearer defendant to persuade the court to find that the relevant Plaintiff could still have a cause of action in tort although the concerned statute does not make provision for such causes of action arising from a breach of any of the legal obligations it creates.
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The typical elements are that the defendant owed a duty of care to the victim, the defendant breached that duty of care, the breach caused the plaintiff to sustain injury and the victim incurred damages as a result. The breach of the duty of care is predicated on what the duty of care is.
What are the three main types of torts?
Torts fall into three general categories: intentional torts (e.g., intentionally hitting a person); negligent torts (e.g., causing an accident by failing to obey traffic rules); and strict liability torts (e.g., liability for making and selling defective products - see Products Liability).
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