TORTS WEEK 6 IND WRK 1 - Research Paper Example

TORTS Week 6 IND WRK of TORTS Week 6 IND WRK Introduction It is necessary for the plaintiffs to show that their loss or other injury was the probable or natural consequence or result of the negligent behavior of the defendant. Probable or natural consequences includes those consequences that individual foresight can predict because these consequences occur so often that they might be expected to happen again (Edwards et al, 2012). This leads us to third component of negligence that is the proximate cause.

It is defined as a cause that is sufficiently legal to enforce liability for the consequences of omission or unlawful act of individual. Proximate cause is further divided into two components, i.e. actual cause and legal cause (Edwards et al, 2012).Actual Cause: The cause of harm, injuries or other loss that is suffered by the plaintiff is in fact caused by the defendant.Legal Cause: The defendant creates the original risk for the foreseeable consequence, i.e. injury, harm or other loss suffered by the plaintiff (Edwards et al, 2012).

After establishing the actual cause it is easy to establish the legal cause in most of the cases regarding negligence in which there is only one injury and one defendant (Edwards et al, 2012). Terminology ProblemsThe usage of the phrase of proximate cause is not similar in all courts.Some of the courts divide it into two elements, i.e. actual cause and legal cause.Whereas other courts consider proximate cause as only legal cause; which separately includes actual cause (Statsky, 2012).Given SituationIn this case, defendant suffers from injury, chronic fatigue and headache.

Our concern is to find out the actual cause and proximate cause for this given situation. Actual Cause Actual cause in this case is the client herself because she didn’t follow the instructions of the physician which was creating problems in her treatment.Proximate CauseThe proximate cause of the injury is also the client herself. Her careless attitude regarding the instructions of treatment causes her to suffer all harm and injury.ReferencesEdwards, L. L., Edwards, J. S. & Wells, P. K. (2012).

 Tort Law. Clifton Park, NY: Delmar Cengage Learning.Statsky, W. P. (2012). Essentials of Torts. Clifton Park, NY: Delmar.