Which principle is key to analyzing issues in tort law on the exam?

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The central principle in tort law that is crucial for analysis is the concept of duty and breach of duty. In tort cases, determining whether a defendant owed a duty of care to the plaintiff and whether that duty was breached is fundamental to establishing liability. This analysis involves evaluating the relationship between the parties and the standard of care that a reasonable person would exercise under similar circumstances.

Understanding the duty of care and its breach allows for a more structured approach when examining various torts, such as negligence, where the focus is on whether the defendant acted in a manner that falls short of the expected standard of care. If a duty exists and it has been breached, the next step would be to ascertain if this breach caused harm to the plaintiff, which can lead to liability for damages.

While other options touch upon important aspects of tort law—such as legal liability and damages, intent, and statutory interpretation—the duty and breach of duty form the backbone upon which most tort claims are built. Without establishing these two elements, analyzing the other aspects of tort law becomes less meaningful.

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