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Elements of Tort of Negligence Elements of Tort of Negligence Negligence simply refers to failure to use reasonable care. In common law negligence is explained as the action taken that contradicts with what an ordinary reasonable member from a given community would act in that same community.
It is the legal cause of damage if it directly, naturally and continuously contributes in causing that damage. It is thus taken that were it not for negligence, then the damage would not have occurred.
There are three elements in the tort of negligence; duty of care, breach of the duty and damages. Duty of care means that any single person must always take reasonable care so that he can avoid omissions and acts that he can foresee reasonably as likely to result to injury to his neighbor.
Standard of care must be proved by deciding whether the defendant in question owed the plaintiff a standard of care, the level of standard of care that the defendant owed the plaintiff and lastly, by determining whether another reasonable person in the same field like the defendant would do the same.
Breaching of the standard of care must be proved by checking how likely the injury was and how it can be regarded, injury gravity whether the plaintiff at all engaged in a dangerous activity and efforts that may be required in order to remove injury risk whether the defendant failed to act reasonably.
Damages caused by the defendant must have resulted through the breach of duty of care and that this was not remote. In this case in question, B patient was examined by A doctor since he had a chest problem. A had asked B all the relevant questions just like any other doctor in this field would have done.
But after being discharged B died due to a heart attack. Applying the tort of negligence, B who is the claimant in this case must satisfy three elements as required by the clinical negligence law.
A owed B a duty of care since he is a medical professional. In order for the court to rule in the favor of B claimantshe must show that A breached the duty of care owed to her husband by treating him negligently.
This should include a sound proof that A did not establish a reasonable standard of skill and care.
This would call for detailed medical evidence in our case. Taking as an example, Donoghue v Stevenson is a case where the tort of negligence developed. It was in when Donoghue plaintiff bought a ginger beer manufactured by Stevenson defendant.
This ginger beer was in an opaque bottle that could not allow one to see its contents clearly.
Donoghue consumed some of the beer but as she poured the remaining beer into her glass, decomposed remains of a snail were seen in the glass. She had gastro-enteritis and nervous shock which she claimed were due to the snail remains in the beer.
Just like in our case of A and B, the defendant Stevenson owes a duty of care to the plaintiff Donoghue. The main issue in deciding this case was on establishing whether Stevenson owed Donoghue a duty of care.
Lord Atkin said decisively that Donoghue had to show that the damages caused to her were due to the breach of duty owed to her by Stevenson in taking reasonable care to avoid it. The court by using previous cases like Heaven vs.The most common tort--and the one most difficult to define--is negligence.
Negligence is defined as the failure to use reasonable care to avoid a foreseeable harm to a person, place or thing. An individual will be liable if his or her unreasonable act or failure to act causes an injury, even if the harm is unintentional/5(8). Essay Instructions: Prepare a two to three page paper, following the APA guidelines, detailing the elements of a negligent tort.
At a minimum, your analysis must include the concepts of but for and proximate causation, duty of care and the various types of remedies available for a finding of tort liability.
3 of this exam packet. Apart from these statutes, courts in the state of Ridley apply generally applicable common law tort doctrines.
3. Submission: Write your essay answers in your Bluebook examination booklets or ExamSoft file. Torts – Basic Final Outline INTENTIONAL TORTS 1. Battery a. Voluntary act (note: muscular reaction counts unless purely reflexive reaction).
b. Intent to cause (based on purpose or knowledge with substantial certainty that it will result) harmful or offensive contact.
c. Harmful or offensive contact results (offensive contact can still result if victim is unconscious). The Liability Requirements: The Tort Of Negligence Words | 30 Pages. P1. The liability requirements in the tort of negligence In this task I will doing this by describing the basic concepts of duty, breach of duty and damage.
Torts of Law – Negligence Essay Sample. There are five different torts that can be the subject of court actions, the most common being Negligence. Good morning students of [example], my name is [name] and I am here to give you a brief talk on an area of civil law.