Tort Law of Negligence
Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts, the requirements for this are duty, breach of duty by the defendant, causation and injury(Stuhmcke and Corporation.E 2001). However, this form of tort differs from intentional tort as regards the manner the duty is breached. In torts of negligence, duties are breached by negligence and not by intent. Negligence is conduct that falls below the standard of care established by law for the protection of others against unreasonable risk of harm(Stuhmcke and Corporation.E 2001). The standard measure of negligence is the universal reasonable person standard. The assumption in this case is that a reasonable person is never negligent, thus the degree of care required is that of a reasonable person(Stuhmcke and Corporation.E 2001). The creation of tort of negligence is a very important tool by which gaps in the law is filled. Often, actions require that some wrongful intent be present in the mind of the actor. However, intent is a difficult thing to prove(Stuhmcke and Corporation.E 2001). It is against this background that this paper is structured around four aims. Firstly, it is examines the background of the duty of care .Secondly it studies duty of care for negligent acts historical back ground; doctrine of Reasonable Foresee ability and proximity. Thirdly, the paper will discuss Duty of Care for Negligent advice. Finally, it will analysis. Significantly, this paper will contribute to a developed understanding of three essentials duty of care, standard of care and sufficient connection in law.
2.0 Background
The negligence is breaches of civil Law distinguish as the Tort Law. There are three basics where plaintiff must establish ‘on the Balance of the Probability in organize to be successful in act in neglect. In another word, defendant owed the plaintiff a duty of care, defendant fail to meet the standard of care, and there must
2.0 Background
The negligence is breaches of civil Law distinguish as the Tort Law. There are three basics where plaintiff must establish ‘on the Balance of the Probability in organize to be successful in act in neglect. In another word, defendant owed the plaintiff a duty of care, defendant fail to meet the standard of care, and there must