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Essay sample - Civil Liability
Pages 8 (2008 words)
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…
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 ...
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