Negligence Liablity Case - Term Paper Example

For an individual to be sufficiently culpable under the law it has to be shown that they intended a specific outcome that is in question. The law holds responsible an individual who fails to make proper decisions with regard to their individual conduct (Reitz, 2006). Contract law Business relationships are made and invariably involve contracts that range from leases to contracts of employment and contracts of professional services. Breach of contracts can often lead to action in courts of law, if the action succeeds an award of damages or an order of specific performance or an injunction can be given.

In contract, drafting there is an implied term that services are to be undertaken with reasonable skill and care. There are various provisions. Contractual breaches can give rise to both actions of breach of contract and for negligence. Tort law In American law of tort, negligence has been seen as a distinct cause of action brought before the court system. The US system defines negligence as conduct falling below standard established and provided for by the law in a bid to protect others against such unreasonable risk of harm that can be borne from conduct.

It is prudent for a cause of action to suffice five elements have to be present that is; duty of care was owed to the plaintiff by the defendant and that duty was breached and that there’s an actual causal connection between resulting harm and the defendant’s conduct and that there's a sufficient proximity between the cause and the foreseeable harm as in the case of Koprowski v. Manatee County, 519 So.2d 78 (Fla. App. 2 Dist. 1988) and as a consequence damage was caused. Sometimes legislatures or other laws as appropriate may provide for special duties of care, as in the instance of lawyers and doctors.

Since they are also required to have a standard to which conforms to standard duty of care within their profession. When this professional fails to uphold that specified standard; will be inevitable in the form of malpractice charges, which are based on the law of negligence. Additionally, in McCarthy v. State, 562 N.Y.S.2d 190 (A.D. 1990) it was found by the court that US Consumer Product Safety Commission guidelines on the safety of playgrounds didn’t establish as a matter of law applicable standard of duty of care in a playground accident as evident in the court's inherent decision it was not mandatory that they are the exclusive standards to be applied for playground safety (White, 2003).

Agency Law Causes of action under this law arise where the agency is held liable for tortuous acts of an agent. Generally, an agency is deemed negligent in providing the agent with the capability to engage in a particular conduct. Under the American law action may arise from; negligent supervision of the agencies agents, negligent training, and negligent retention of the agent. This type of negligence may seem to overlap with vicarious liability, they are however on distinct grounds (Munday, 2008).

Sometimes an agency might have their own guidelines in some cases not as in City of Miami v. Ameller, 472 So.2d 728 (Fla. 1985) where the court found the city’s own standards of duty could be considered in determining whether a city has violated its legal duty of care when maintaining its parks for safe public use. Corporate Law As evident from above businesses and individuals alike may be financially and legally liable for injuries occasioned by negligent