Negligence Torts, Duty of Care and Available Remedies
People commit torts all the time, intentionally and unintentionally, and many of these are dismissed, excused, ignored or otherwise allowed to transpire without resorting to litigation for remedies. For instance, if someone's foot is stepped on a couple of times in a crowded elevator, it may be a tort but it also may not be a big deal. In some cases, though, the level of the tort rises to an actionable offense, requiring courts of competent jurisdiction to decide the issues that are involved in order to determine if a civil wrong or injury has been committed and if so, what remedies are available to help make the victim of the tort whole. To gain some new insights into these issues, this paper provides a review of the relevant literature to identify the basic elements of a negligence tort, an analysis of duty of care, as well as actual causation and proximate causation. Finally, a discussion concerning the types of remedies that available to an injured party with a successful tort lawsuit is followed by a summary of the research and important findings in the conclusion.
Review and Discussion
Basic Elements of a Negligence Tort
Although tortious activities may involve criminal behaviors, the criminal elements are not involved in torts because these are strictly civil matters....
Most importantly, these are the harm to reputation and false facts. Two subchapters are allocated to each of these aspects, with the chapter concluding with the description of different defenses and damages and other remedies. Chapter 9 discusses the issue of the wrongful invasion of privacy. Several potential cases of invasion of privacy are introduced, such as the public disclosure of private facts, the appropriation of the plaintiff's name or
Torts The definition of a tort is a common breach committed toward a second party. In this injury toward another, one of the parties can sue the other for damages. Oftentimes when this involves personal injury. One party that has suffered injury, will file for compensation by bringing a claim against another to compensate for damages experienced. The application of the law in a tort case will decide if the party
In this case Anna's waiter would claim that he was acting in self-defense when he pulled the burning apron off of himself and discarded it. Elderly Lady v. Italian Restaurant Negligence Negligence is conduct which falls below the standard recognized by law for the protection of others against unreasonable risks of harm. The test is not whether the defendant intended to exercise due care, nor whether the defendant did the best he
This being the case, the liability insurance company will pass the suit to their attorney, who will then be responsible for filling a written answer. The next phase in the litigation process will be a series of discovery, where each side will be given the opportunity to research the case by asking each other questions and demanding specified documents. Based on this gathered information, the liability insurance company again will
The tort for companionship and society is, by law, only applicable to persons and not to animals, regardless of their regard as companion animals or not. As for the trespass tort, it was found that insufficient evidence was available to prove wrongdoing by the plaintiffs. There was no evidence to suggest how the dogs entered the plaintiffs' property. Evidence of neglect was not sufficient, according to the court. Analysis I was somewhat
Negligent Tort In basic terms, a tort can be defined as a civil wrong. In this case, it is the victim of wrongful conduct who brings action against the alleged wrongdoer. The alleged wrongdoer in tort law is referred to as the defendant while the claimant or plaintiff is the victim who suffers as a result of the conduct of the defendant. In a way, negligent tort is taken to be
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