Question

In the US, and around the world, negligence is argued many times following an incident. In a two page summary, identify an aviation civil case where negligence was proven. Identify from the case, how the duties to negligence were proven, and the ultimate outcome. What did the plaintiff argue? What did the defendant argue? In your case if comparative or contributory negligence was found, be sure to include those circumstances.

Answer 1

In tort law, the duty of care is a legal obligation imposed on a person who is required to adhere to a reasonable standard of care when performing acts that are harmful to others. This is the first element to be identified to act in negligence. The plaintiff must be able to prove the duty of care imposed by the law that the defendant violated. Failure to do so may hold individuals accountable. The duty of care can be defined by the lawful practice of persons who have no immediate contact (family, contract, or other), but are ultimately connected in some way as defined by common law (i.e. Case law).

The duty of care can be seen as the formalization of the social contract, the tangible responsibility that an individual has to others in society. It is not a requirement that the duty of care should be regulated by law, though it will often be established through the jurisdiction of common law.
Although the concept of general duty of care is generally accepted, there are significant differences between the jurisdictions of general law regarding the specific circumstances under which the duty of care exists. Obviously, a court cannot impose unlimited liability and liability on the issues of others. Just as Justice Cardozo said, to rule otherwise would be to place the defendant "irresponsible for an indefinite period of indefinitely." There must be reasonable limits to the duty of care. The problem is where to set that limit.