Tort Laws

Running Head : Tort Law

Insert Name

Insert Institution Name

A tort of negligence arises from the breach of duty primarily fixed by law such duty is towards persons generally and its breach is addressed by action for un-liquidated damages . Negligence in tort basically means the failure to use ordinary care through an act or omission . This arises when a person does not exercise amount of care that a reasonably careful person would use under the circumstances or somebody does something that a reasonably careful person wouldn 't do

In the

case of Yvonne Esposito against Jason Davis and others alleging Negligence , if she is to succeed in a negligence action , the plaintiff must be able to prove that the defendant owed her a legal duty of care and the defendant is guilty of breach of that duty and the damage has been caused to the plaintiff by that breach . The key elements of negligence in tort are duty of care , breach of that duty and breach being proximate or not too remote . The most important factor that should be considered in Yvonne Esposito 's case is whether Davis really owed her a legal duty of care . A duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while undertaking acts that could foresee ably harm others

Causation and remoteness of damage are key issues that will be considered in this case . Before the question of remoteness crops up the...