Exam NPPE Topic 1 Question 88 Discussion

Actual exam question for APEGS's NPPE exam
Question #: 88
Topic #: 1

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.

Suggested Answer: C Vote an answer

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.

by Elvira at Jan 07, 2026, 04:05 PM

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