Question

In: Finance

Discuss the four elements of negligence, and illustrate each element with an example.

Discuss the four elements of negligence, and illustrate each element with an example.

Solutions

Expert Solution

There are 4 elements of negligence.

1.DUTY :

A duty arises when law recognises relationship between defendant and plaintiff which requires defendant to act in certain manners towards plaintiff.Before a person can recover for damages from negligence of an act defendant must have duty of care towards victim.in short defendant is expected to act like average person in the same situation would have acted say, a person having vehicle will follow traffic rules.

another example can be one person loading bags of sugars onto a truck and stuck a child with one of bags, then basic question will be whether that person i.e. defendant owns a duty to that child.? so to be clear more about the defendant's duty court will see whether loading truck was in public place and child was merely passing by then court will conclude that defendant owned a duty towards child but on the other hand if it was private property and defendant did not know that child was present at the time of loading the truck then he will less likely to have duty toward the child.

2.BREACH OF DUTY

Once appropriate duty has been established plaintiff ( who brought case against another person in court )   must show defendant have breach of duty.the court will decide on the question of fact whether duty exists or not.

Thus carrying above example judge of the court will decide whether defendant exercised reasonable care in handling bags of grain near the child.

3.CAUSATION

This says that defendant's action have directly injured the plaintiff.This means plaintiff would not have suffered injury if defendant would have acted this way.and we can say that cause of action can not be removed from injury that defendant can escape the liability.

If we continue with the example child would be saved from injury if defendant would have checked the grain bags.

4. DAMAGES

The final element of negligence of claim is damages.This requires the plaintiff be able to show how he suffered because of an accident.this also requires documented evidences like hospital treatment records, medical bills etc.Some claims also allow plaintiff to recover for emotional distress recovery but in such cases recovery basis may be different.


Related Solutions

Discuss the essential elements of an enforceable contract and the significance of each element. Describe a...
Discuss the essential elements of an enforceable contract and the significance of each element. Describe a contract, possibly one in which you were a party, were involved, or of which you have personal knowledge, indicating whether the contract was express, implied, written or oral, and whether it was it breached or disputed. Did it contain the essential elements of enforceability? Did you learn anything from this experience, and if so, what would you do differently in entering into future contracts?
Discuss the Statement of Cash flow elements and how to interpret each element in relation to...
Discuss the Statement of Cash flow elements and how to interpret each element in relation to the other financial statements of a corporation. When is net cash out flow from operations a good thing? When is net cash outflows from investing a good thing? When is net cash outflow from financing a good thing? When answering these questions, keep in mind the relation to the other statements of the corporation
Explain the four truth tests and illustrate each with an example of a belief that would...
Explain the four truth tests and illustrate each with an example of a belief that would be true by its standard. Explain specific theories
Explain the four elements necessary to prove negligence. (The four D's: duty, dereliction, direct cause, damages.)...
Explain the four elements necessary to prove negligence. (The four D's: duty, dereliction, direct cause, damages.) How might accurate, complete medical records help in defending efforts from a plaintiff's attorney to establish the four D's? Comment on how positive ethical practice behavior improves quality of care and helps to protect against malpractice litigation.
Explain the four elements necessary to prove negligence. (The four D's: duty, dereliction, direct cause, damages.)...
Explain the four elements necessary to prove negligence. (The four D's: duty, dereliction, direct cause, damages.) How might accurate, complete medical records help in defending efforts from a plaintiff's attorney to establish the four D's? Comment on how positive ethical practice behavior improves the quality of care and helps to protect against malpractice litigation.
What is a True Belief? Explain the four truth tests and illustrate each with an example...
What is a True Belief? Explain the four truth tests and illustrate each with an example of a belief that would be true by its standards.
What are the four elements of negligence, and what constitutes negligent health care? What types of...
What are the four elements of negligence, and what constitutes negligent health care? What types of actions constitute “ordinary” negligence and what are considered “gross” negligence? When are a health care practitioner’s actions criminal, negligent, or both? What defines an intentional tort?
In a medical malpractice or other negligence case applying the 4 elements - discuss them in...
In a medical malpractice or other negligence case applying the 4 elements - discuss them in detail - duty, breach, proximate cause and damages as they apply to your selected case.
Discuss and show the 4 elements of negligence (duty of care, breach of duty of care,...
Discuss and show the 4 elements of negligence (duty of care, breach of duty of care, causation, and remoteness of damage) in the case Donoghue v Stevenson. (an introduction and conclusion should be included)
1. state and explain the four elements necessary to show liability for negligence. 2. How does...
1. state and explain the four elements necessary to show liability for negligence. 2. How does the burden of proof differ in a case involving a breach of duty of care and in a criminal case? 3. List five categories of action to take with a view to minimizing or avoiding liability and explain each
ADVERTISEMENT
ADVERTISEMENT
ADVERTISEMENT