Civil Liability

College
Essay
Miscellaneous
Pages 8 (2008 words)
Download 0
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…

Introduction

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 ...
Download paper
Not exactly what you need?

Related papers

Auditors' liability
Scandals such as those of the Bank of Credit and Commerce International (BCCI), Barlow Clowes, Atlantic Computers, Coloroll, Ferranti, Homes Assured, Levitt, Queens Moat Houses, Resort Hotels, Eagle Trust, London United Investments, Maxwell and Polly Peck have resulted in loss of jobs, savings, investments, pensions and taxation revenues. (Mitchell et al, 1991)…
Liability for an Employees Assaults
The discussion that follows explains why.…
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…
Gun Manufacturer's Liability
It was due to these persistently occurring firearms caused mortality incidents that spurred the application of legal remedies to regulate the purchase and use of firearms. Regulatory statutes in the past 15 years focused on mandating the legal responsibilities of gun manufacturers in an effort to reduce firearms related deaths. According to former Attorney General Robert Kennedy, "It is a…
civil and criminal law
To gain a better insight, these questions can be looked at from two angles as proposed by Ronald Standler: Punishment and Burden of Proof (Standler, 1998).…
Civil Litigation
How come the two teachers were negligent, and where were they when this started happening. What is the parent's viewpoint on the entire episode The viewpoint and thoughts of Trevor's parents Trevor's reaction to the episode, Shane's reaction Shane's statement of the incident.…
case consruction studies for civil engineering
Twenty-four others were injured, including 11 first responders eight remained hospitalized, officials said. (FOXNEWS Monday, March 17, 2008).…