Saturday, January 26, 2019

Negligent Tort

Negligence is neglect or disregard. Tort is a legal misgiving. Negligent tort is a type of tort in the legal system. The concept encompasses that of which an occasion where an individuals acts leading to speck are neither expected nor intended. (Yell, 1999) In this paper, the elements of a negligent tort, the concepts of immediate causation and duty of tutelage, and types of remedies for finding tort obligation will be explored. Elements of Negligent Tort There are three elements of negligent tort. The commencement element is that of which the defendant had a responsibility of support and/or care to the plaintiff.For ex angstromle when an individual puts a child in a car, they incur a responsibility to secure them appropriately and drive applicably as to revoke any unnecessary dangers to the full extent of their capability (like not private road 120 mph). The second element is that the defendant did not complete this obligation. To preserve with the previous example once t he individual takes the responsibility of transporting the child (with imputable reason that they will secure the child and drive reasonably) and fail to do so, this is the second part of finding negligent tort.The third element of this is that this suspension was the actual and proximate cause of tarnish experienced by the plaintiff. (Barnes, Bowers, Langvardt, & Mallor, 2010, p. 206) Proximate Cause Proximate causation concerns the required degree of propinquity or closeness between the defendants breach and the injury it actually caused. (Barnes, Bowers, Langvardt, & Mallor, 2010, p. 225) Proximate cause would mean that the reactions caused by a defendants actions may still not make the defendant 100% apt(p) for what happens only what tummy be directly correlated to his/her actions and leaving them unblock of indirect consequences.This action can also be used in insurance type cases. It has been discussed that if a professional driver has an accident, the company th at employs him or her would be held liable for his/her accident under normal circumstances tho if the driver was texting or drinking (both illegal) when the accident occurred, it could leave the company isolated from liability and it would fall on the driver. Remedies to Tort Liability Remedies to tort liability can be non-compensatory return, compensatory damages, and injunctions, to name a few.Compensation or damages received should be in correspondence to the injuries received. Sometimes the conclusion can be as simple as fixing whatever was all in all wrongly, for example if a dentist removed the wrong tooth, perhaps a remedy to the situation would be replacing it with a nice cover replacement as long as both parties are clever with that conclusion, that could be the end of it however in this day and age, rarely a civil case ends without some sort of compensatory award.Conclusion Negligent tort, on with duty of care, is a responsibility we all take on each day. When we d rive, we prognosticate to not drink, not text, and to follow the rules of the road. As citizens of the United States, we shout out not to dump our extra oil in the grass, burn our tires, steal, or murder. We all have a responsibility to one another that when we promise to do something, we do it accordingly without any dangerous actions in shutdown of those promises.ReferencesBarnes, A. J., Bowers, T., Langvardt, A. W., & Mallor, J. P. (2010). Business Law The Ethical, Global, and E-Commerce Environment (14th ed.). Boston McGraw-Hill Irwin. Yell, M. L. (1999, February). Center for stiff Collaboration and Practice. Retrieved December 19, 2010, from What are Tort Laws? http//

No comments:

Post a Comment