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The elements of a negligent tort

Tort relates to civil wrongs that do not originate from contracts. One of the types of torts is those that emerge from negligence. Negligence is a tort in which the plaintiff seeks monetary damages. In case of negligence, the plaintiff needs to indicate that all the elements of negligence tort are present otherwise he loses the case.

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The elements of a negligent tort

Tort relates to civil wrongs that do not originate from contracts. One of the types of torts is those that emerge from negligence. Negligence is a tort in which the plaintiff seeks monetary damages. In case of negligence, the plaintiff needs to indicate that all the elements of negligence tort are present otherwise he loses the case. Overall, the plaintiff requires establishing that the person against whom the request failed to exercise ordinary care. Negligence claim arises if the person does not disturb the appropriate care that a reasonable person would exercise, or the person does something that a reasonable person would not do under the circumstances (Stuhmcke, 2001).
How does the court evaluate whether the tort of negligence has occurred?
The court assesses the defendant owed a duty to the plaintiff. In some cases, it may be a commitment to the public in general. The court assesses ...

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