Law of Torts-negligence

I . Negligence in Tort

Negligence in tort is a term that escapes complete definition . It includes carelessness and lack of foresight , however the significance of negligence in tort is much broader . In law , it is defined as the omission to do something which a reasonable man , guided upon those considerations which ordinarily regulate the conduct of human affairs would do , or doing something which a prudent and reasonable man would not do

A . Elements of Negligence

To be liable for torts , all the elements defined by law should be present

. The elements of torts are (1 ) Duty of care - that the law imposes a certain degree of care in the performance of an act (2 Breach of Duty - there was a breach of this duty to take due care on the act taken (3 ) Damage Caused by Defendant 's Breach - there must be damage caused to the party by the defendant , this element is extremely important since in certain instances , there are cases where there was injury but no damage . The best evidence for this is when the claimant proves that harm would not have occurred `but for ' the negligence of the defendant

The most important of the element is the breach of duty , in to prove the breach , evidence which infers a lack of reasonable care on the part of defendant must be presented , however , in certain instances the doctrine of res ipsa loquitur is controlling

B . Defenses in Tort

The presence of the elements does not automatically impute liability on the tort-feasor , in to account for the actual liability of the defendant , the circumstances surrounding the act must also be examined carefully . Due care must be used in analyzing all the circumstances of the case since in tort cases , there are several defenses that the defendant can raise in to mitigate his liability or be completely absolved from it

The most common defense is the exercise of due care when performing the action . If this defense is present the first element of torts is negated and thus no liability may be claimed from the defendant Another defense that is available to the defendant is the contributory negligence of the injured person , contributory negligence is failure by a person (typically the plaintiff ) to take reasonable care for his or her own safety , which contributes to the harm the person suffers Also available to the defendant is the doctrine of proximate cause . The proximate cause , sometimes called the immediate cause of the injury must be the actions of the defendant or his omission to exercise the diligence that is required of his act . The doctrine dictates that if an effective intervening cause was present from the action of the defendant until the cause of the injury , then the defendant cannot be faulted for the resulting injury . This is applicable in cases where although the defendant was guilty of negligence , the injury caused to the injured person was not the direct effect of the omission of care of...