Verified Document

Negligence Generally, In Order To Sustain A Term Paper

Negligence Generally, In order to sustain a cause of action for negligence, a plaintiff must establish that the defendant owed him a duty of care, that the defendant breached that duty of care by his negligent commission of an action (or by his negligent omission of action), and that the defendant's breach of that duty of care was the proximate cause of tangible harm to the plaintiff (Dobbs, 2001).

In addition, and depending on the particular statutes in the state where the events occurred, the plaintiff may also have to establish that his own negligence was less than that of the defendant in order to recover at all. In other states, the negligence of the plaintiff will not necessarily preclude his recovery, but any award may be reduced by whatever percentage he is deemed responsible for his damages by virtue of his own contributory negligence.

Classes of Harm and Persons:

In negligence causes of action to recover damages for negligence...

Parts of this document are hidden

View Full Document
svg-one

Likewise, local ordinances within many jurisdictions require that landlords provide safety banisters and appropriate lighting within common areas of multiple dwelling units, for the safety of residents. Where a low-flying aircraft crashes into a rooftop as a result of a negligent landlord's failure to replace a burnt out warning light, his negligence could give rise to numerous causes of actions based in negligence, because the harm that ensued was precisely within the class of harms…

Sources used in this document:
REFERENCES

Dobbs, Dan, B. (2001) Torts and Compensation: Personal Accountability and Social Responsibility for Injury. St. Paul: West Group
Cite this Document:
Copy Bibliography Citation

Related Documents

Law and Society
Words: 909 Length: 3 Document Type: Term Paper

Law and Society The Nature of Law and Justice - Sadomasochism Sadomasochism presents the complexities and nuances involved in the nature of law and justice. In its purest definition, socially and legally, sadomasochism is a consensual act. There may even be actual contracts involved. However, this presentation shows that just because there is consent to the act, doesn't mean that the dominant can get away with anything. In cases in which the

Law Vs. Justice Is Defined
Words: 2191 Length: 7 Document Type: Term Paper

Oliver Wendell Holmes states that justice is subjective and changes according to the viewer's prejudice, viewpoint or social affiliation. But a set of rules is needed to make society function and these rules must be carried out. This philosophy of law applies to Ann Hopkins' case. The senior partner and admissions committee had the prerogative of setting out the rules with which partners should be selected. Their sense of justice

Law School Personal Statement I
Words: 835 Length: 3 Document Type: Research Proposal

I just like accumulating knowledge and my professional career has shown that you never can really know where you will be needing parts of that knowledge: I worked as a machinist for some time, but then I was able to promote because of the additional knowledge I had gained in the meantime. I hope that the education I will receive in law school would help improve my knowledge portfolio to

Law and Philosophy
Words: 322 Length: 1 Document Type: Term Paper

Law and Philosophy Holmes' "bad man" theory offers insight into the difference between the law and morality. The bad man is not concerned with morality but he is as concerned about the law as any "good" man because in knowing the law, he can avoid getting into trouble. The bad man would lie, cheat, and/or steal if it weren't against the law because he cares not for the morals that underlie

Law Movie Analysis and Research
Words: 1566 Length: 4 Document Type: Term Paper

However, Erin Brockovich the movie has a very different ending than the actual civil action under tort law brought against California's Pacific Gas and Electric Co. The Hollywood ending would have been preferable, however life is just not that simple and a tort law case against such a company is really a long, tiring legal battle. The 1993 legal dispute from Hinkley was resolved by arbitrage and at first

Laws of Corrections When Someone
Words: 1503 Length: 5 Document Type: Case Study

The fact that a guard was able to take information from a prisoner's cell, and give it to prosecutors is a clear violation of basic procedures. As a result, greater amounts of oversight are required to prevent these issues from becoming a problem in the future. ("Deon Christopher Carter v State of Maryland," 2003) Conclusion Clearly, the evidence that was collected from Jones' cell is a violation of the Sixth Amendment.

Sign Up for Unlimited Study Help

Our semester plans gives you unlimited, unrestricted access to our entire library of resources —writing tools, guides, example essays, tutorials, class notes, and more.

Get Started Now