Defending the Tort of Negligence - Essay Example

Summary

The essay "Defending the Tort of Negligence" focuses on the critical analysis of defending the tort of negligence. In the defense of the tort of negligence, a plaintiff must provide facts and demonstrate that he or she did not know of the danger of buying a particular product…

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Subject: Law
Type: Essay
Level: Masters
Pages: 1 (250 words)
Downloads: 2
Author: fdubuque

Extract of sample "Defending the Tort of Negligence"

In addition, Neal had confessed to the salesperson that he has never skied which prompted the salesperson to advise him to take a sporting lesson before he can start using his skis (Defence to negligence).

Neal is to blame for the injuries he suffers because he disregarded the salesman's advice and instead opted to ski without going to learn about it. Neal contributed to his injuries and thus the salesperson should not be blamed. Furthermore, Neal had voluntarily assumed the risk of using the skis without going to learn how to use them (Defence to negligence). According to the tort of negligence, a person who with obvious knowledge of the risks before him should not blame other parties for his injuries.

In conclusion, Neal has all the liability because he wants to engage in a recreational activity that has a high degree of risk (Defence to negligence). Skis cause a lot of accidents to participants and the danger posed by the sport should not be blamed on the merchant of sports kits or their salesperson.

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