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Civil Liability - Essay Example

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Civil Liability

Without an adequately stated cause of action the plaintiff's case can be dismissed at the outset. It is not sufficient merely to state that certain events occurred that entitle the plaintiff to relief. All the elements of each cause of action must be detailed in the complaint. The claims must be supported by the facts, the law, and a conclusion that flows from the application of the law to those facts.2
To prove a cause of action for negligence, you need to prove the four elements of the tort. The four elements of a tort are the following: a) the existence of a legal duty owed by a person to others which is usually provided by common or statutory laws; b) the breach of the duty by one person (or the negligence itself); c) the breach of the duty being the proximate cause of damages suffered by a person; and, d) damages incurred by a person. In a car accident for example, you need to prove the following to hold the driver who caused the crash liable for negligence; a duty to operate the vehicle properly, that they breached that duty by driving improperly, that the breach of the duty by the offending driver caused the accident; and, that the person was damaged by the accident, in the form of injuries.3
In general, a party who has caused an injury or loss to another as a consequence of his negligence is responsible for all the consequences.4 The usual penalty for negligence is the payment of damages. Damages, in a legal sense, are the sum of money the law imposes for a breach of some duty or violation of some right.5 It place a monetary value on harm done following the principle of restitution in interim (Lain term for "restoration to the original condition. Thus, for most purposes connected with the quantification of damages, the degree of culpability in the breach of the duty is irrelevant. Once the breach of duty is established, the only requirement is to compensate the victim. One main test that is posed when deliberating whether a defendant is entitled for damages is the "reasonable person" test. This answers the question: would a reasonable person (to be determined by a judge or a jury) be damaged by the breach of duty This test is important in deciding whether or not a defendant is entitled to compensation for negligence or tort.
Generally, there are two types of damages: compensatory and punitive. The term "damages" typically includes categories, but the term "actual damages" is synonymous with compensatory damages, and excludes punitive damages. Compensatory damages, like the name suggests, are intended to compensate the injured party for his loss or injury. This may include past and future economic losses, including medical expenses and loss of wages, and general damages such as such as pain, suffering, and mental anguish.6 Each of the four elements of a tort typically must be present to be compensated.
Slip and Fall Accident
A typical source of cause of action because of negligence in the United Kingdom is the slip and fall accident. This happens when a person slips and falls over a private or public property because of the wet, rough, or oily floor or due to the dangerous condition of the place that resulted to injury. It is normal to slip and fall, however, if the accident was caused by negligence of the property owner (or occupier), then he can be held liable for the injuries sustained by a person, whether the victim is an expected ...Show more

Summary

Negligence is the failure of a person to observe a reasonable care in the performance of an act that oftentimes result to injury to persons or loss to property. In other jurisdictions, they call it as tort. Tort is a private or civil wrong or injury, other than breach of contract, for which a court of law may provide a remedy through a lawsuit for damages or compensation…
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