The correct option is: Both (a) & (b)
To constitute a tort:
- There must be some act or omission on the part of the defendant (element of conduct).
- The act or omission should result in a violation of a legal right vested in the plaintiff (element of damage or violation of a legal right).
Therefore, both the defendant's action or inaction and the resulting harm or violation of a legal right are essential elements in establishing a tort.