Negligent Tort Research Paper Example | Topics and Well Written Essays - 750 words

Negligent Tort - inquiry Paper ExampleElements of a oblivious tort To file a successful slip-up of unwilled tort, it is the duty of the plaintiff to prove that the suspect owed a duty of care towards the plaintiff. Duty of care refers to an someones obligation towards another individual to minimize and remove all foreseeable and avertible risks (Miller, 2007, 95). A negligent tort case can be filed against a person if the individual is inattentive, fails to foresee an avoidable risk and, therefore, is unable to eliminate that risk. For example if an individual holds a party on his property, it becomes his duty to asseverate the guests of all the negative and positive effects of attending the party and it is his duty to ensure that all the potential and avoidable risks are eliminated. The second element of un knowledgeable tort is the breach of duty of care by the suspect, whether the defendant has breached his duty of care depends on the factual evidence of the case. In a tort case, the defendant is compared to a reasonable person, if the defendant has not acted as a reasonable person should open, he is considered to be liable. The law helps the plaintiff in identifying whether the defendant has breached his duty. ... If persecute has been caused, then it is obligatory for the defendant to compensate for the loss. The twenty-five percent element is the proximate and actual cause and effect relationship between the loss faced by plaintiff and the unintentional harm caused by the defendant. Actual cause and effect relationship refers to the fact that the harm was actually caused by the defendant to the plaintiff. For example a huge number of accidents take place every day, sometimes those not involved in the accident become victims due to bad luck or negligent behavior by the victim, in such cases, the defendant cannot be held responsible in the case of negligent tort. Proximate cause refers to whether the defendant should be held responsible for neglig ent behavior according to fairness, practicality, chemical formula and common sense. Remedies According to the law, there are different kinds of remedies when the plaintiff is successful in proving a negligent tort case. Remedies include compensatory remedy, according to compensatory remedy, the plaintiff is to be compensated for both emotional as come up as monetary losings (Walston-Dunham, 2012, p.227). Emotional losses include pain and hurt and monetary losses include loss of wages or property. Emotional damages fall under the category of world(a) losses and monetary losses fall in the category of compensatory damages. The defendant may even have to pay for the replacement of loss in case of compensatory damage. These remedies are used both in intentional as well as unintentional torts. In severe cases and mostly in cases of intentional tort, the defendant may even face punitive damages punitive damages may include strong the individual who has been held accountable for