Question

In: Economics

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

Solutions

Expert Solution

1. state and explain the four elements necessary to show liability for negligence.

Answer- The four elements necessary to show liability for negligence are -

1. Duty- The first element is duty,that means you should prove that the person against whom you have made a claim owed a duty to you. The duty may arise by law, or from any operation.

2. Breach of duty- Then the Next element is that you need to prove that the person who was responsible to perform the duty did not perform it or breached his/her duty.In breach of duty you need to explain clearly how the party breached it.

3.Causation- The next element or step is to prove that the breach caused you harm or caused you any injury and your injury or harm is reasonable foreseeable and evitable.

4. Damages- The next element is that you need to prove the extent of damages caused like loss of property,pain or suffering.

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