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BEST Law Of Tort Negligence Essay





law of tort negligence essay









law of tort negligence essay


Negligence has been defined by the Supreme Court of Florida as 'the want of ordinary care and skill.' It is the violation of a legal duty owed by one party to another to protect the person or property of the latter from the former's misconduct. Negligence is regarded as a tort because it constitutes an intentional act which the defendant is under an affirmative duty to act. In the ordinary course of events, negligence is a question of fact, depending upon all the facts and circumstances that . The elements of a tort are: 1) a duty that is owed by defendant to plaintiff, 2) a breach of that duty, 3) a legally attributable causal connection between the breach and the resulting injury, and 4) a proof of actual loss or damage. Negligence is the failure to exercise reasonable care in the use of one's faculties. Negligence is the violation of a duty owing to the other; the term implies that the actor is . Negligence is the breach of duty which allows the other party to maintain an action against the negligent party. The term 'negligence' is derived from the Latin word meaning 'carelessness' or 'heedlessness.' Although negligence is not a 'crime' or 'a breach of law,' it is often compared to a legal violation because it is an intentional act that the defendant was under a duty to the plaintiff to avoid or take care in the performance of. In negligence, there is an act which is performed. For negligence, there is a breach of a duty or obligation which is owed to the party who claims to have been injured by the negligent act. The breach of this duty has been found to be negligence. Therefore, there must be an act of negligence, a breach of the duty, a legally attributable causal connection between the breach and the resulting injury, and a proof of actual loss or damage. Negligence involves the tortious or wrongful performance of a duty. Negligence as a form of behavior is considered a violation of duty, which in this case, is that the defendant has a legal obligation to act with the level of care that would be exercised by a reasonable person. The injury for which a person must pay compensation is an injury which is not caused intentionally or recklessly. These injuries include those in which the failure to act is negligent. In such cases, courts say that there is negligence. Negligence is considered to be the legal cause of an









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BEST Law Of Tort Negligence Essay

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