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Negligence - Essay Example

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The individuals could include legal entities such as corporate institutions and companies. The underlying principle of tort law is that an individual has some interests that are…
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Download file to see previous pages In the context of negligence, tort law is more concerned with the harm that results from careless behaviour rather than harm caused intentionally. It follows, then, that negligence is the failure to apply the reasonable care as a prudent person would have done in similar circumstances. The key principle of the tort law of negligence is that people must exercise rational care when acting by considering the potential and foreseeable harm they can cause to others, Fletcher vs Rylands, LR 1 Ex 265 of 1866 (Donal 2004, p.5). So, when a court establishes that there was negligence, it is actually conducting an ex post assessment of the defendant’s conduct. Historically, suits of negligence have been analysed in stages known as elements. The significance of elements is that a plaintiff must prove all elements relevant to his claim. For example, if there are five elements in a particular tort, failure to prove all five will lead to failure of the claim. Despite all this, it is also crucial to note that persons who disregard the safety aspect of others but cause no injury may only be reprehensible morally, but will not be guilty of negligence. On the other hand, those who make all effort to exercise care but still fall below the stipulated standards by the court will be guilty of negligence and held liable (Feinnman 2010, p. 69).
The legal duty of care a defendant owes a plaintiff defines the relationships and circumstances recognised by law as giving rise to legal obligation to take care. A person may be owed a care of duty by another to ensure that unreasonable economical, mental or physical loss or harm is not suffered. According to the House of Lords, duty of care can be tested in three parts in judicial terms. First, the defendant’s conduct must have caused harm that was reasonably foreseeable; then, there must have been a proximity relationship between the plaintiff and ...Download file to see next pagesRead More
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