Essay on "Negligent Tort Under the Law"

Essay 2 pages (613 words) Sources: 3

[EXCERPT] . . . .

("Elements of Tort Negligence," 2010)

The breach of duty is when the other party fails to practice reasonable standards of care to protect others. This means that the actions of this individual were such that: they resulted in or posed a threat of possible injury / damage occurring. Once this has been demonstrated, is the point that it will be easier for the plaintiff to make their case. ("Elements of Tort Negligence," 2010)

Legal / factual causation is when there must be a connection between the above three elements. This will allow the plaintiff to successfully demonstrate, that the other party has breached their legal responsibilities. This is when they can fully demonstrate that the defendant is negligent (which entitles them to some form of compensation). ("Elements of Tort Negligence," 2010)

Remedies

After the other party has been shown to be negligent, is the point that the plaintiff will be entitled to certain remedies. This is based upon: the injury, possible / actual damages to property and all legal costs. Once this has been established, is when they will more than likely receive some kind of compensation that will be awarded to them. However, there are situations where the award could take place using various kinds of assets such as property. ("Remedies," 2011)

These elements are important, in showing how negligent tort can be proven when select criteria have been established. This will show how the defendant unknowingly violated the law (which exposes them to possible litigation). Once this has been proven, is the point that the plaintiff can seek out remedies in the form of monetary or asset-based compensation.

References

Elements of Tort Negligence. (2010). Los Angeles Legal Services. Retrieved from:

http://losangeleslegalservices.weebly.com/1/post/2010/6/the-elements-of-the-tort-of-negligence.html

Remedies. (2011). Saks Schools. Retrieved from:

http://www.saskschools.ca/~kidddlaw/civil/lesson3/3b.html

Standard of Care. (2012). The Legal Dictionary. Retrieved from:

http://legal-dictionary.thefreedictionary.com/standard+of+care READ MORE

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