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LAW 421 Week 2 DQ Elements of Negligent Tort Analysis and Remedies

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LAW 421 Week 2 DQ Elements of Negligent Tort Analysis and
Remedies
What are the elements of negligence? How does an intentional tort
differ from negligence? Give examples. How does the strict liability
doctrine apply to the practice of accounting? Give examples.
The law of torts can be traced back to English Common Law and has become
and integral part of Anglo-American Law for hundreds of years .These laws
have been modified many times since the late 1800's by state legislatures and
these changes have given plaintiffs more chance of success when bringing forth
their claims. Original tort law included coverage for injuries suffered while in
the workplace but this since has been removed entirely from tort law and
replaced with the state administered workers compensation systems. In order for
a plaintiff to utilize the law of torts certain elements need to be present so that a
reasonable measure of success can be ensured in the outcome.
Elements of Negligent Tort
Negligence is the omission to do something, which a reasonable man, guided
upon those considerations which regulate the conduct of human affairs would
do or doing something, which a prudent, and reasonable, man would not do’ The
essential elements of negligent tort are 1) Duty of reasonable care, 2) Breach of
duty of care, 3) Breach was actual, and proximate cause of injury .Tort is what
is in the tort books but only thing holding it together is their binding’, hence to
win a negligence case, plaintiff must prove each of three elements.
Duty of reasonable care:
According to Negligence law, normally members of society should behave in
ways that avoid the creation of unreasonable risks of harms to others. The
standard for assessing such conduct is called µreasonable care standard and in
most cases the duty to exercise reasonable care, serves as the relevant duty for
the purpose of a negligence claim’s first element .
Breach of duty:

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