Purchase Solution

The elements of a negligent tort

Not what you're looking for?

Ask Custom Question

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.

Purchase this Solution
Solution Preview

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 ...

Purchase this Solution
Free BrainMass Quizzes
Writing Business Plans

This quiz will test your understanding of how to write good business plans, the usual components of a good plan, purposes, terms, and writing style tips.

Introduction to Finance

This quiz test introductory finance topics.

Change and Resistance within Organizations

This quiz intended to help students understand change and resistance in organizations

Income Streams

In our ever changing world, developing secondary income streams is becoming more important. This quiz provides a brief overview of income sources.

Marketing Management Philosophies Quiz

A test on how well a student understands the basic assumptions of marketers on buyers that will form a basis of their marketing strategies.

View More Free Quizzes
Related BrainMass Solutions

  • Elements of Negligent Tort

    274389 Elements of Negligent Tort Negligent Tort Prepare a following the APA guidelines, detailing the elements of a negligent tort.

  • negligent tor

    290028 Elements of negligent tort Prepare a two to three page paper, following the APA guidelines, detailing the elements of a negligent tort.

  • Liability and Tort of Negligence

    Negligence can often be defined as the failure to protect another individual within general reason (Larson, 2003). The elements of a negligence tort include duty, breach of duty, causation and damages.

  • Impact of Tort reforms

    600258 Impact of Tort reforms What are some of the implications of reforming the civil tort system, such as by reducing the amount of money that plaintiffs may be awarded for negligent conduct?

  • Negligent Supervision and Training

    377866 Training and Development - "The New Tort of Negligent Supervision" Training Evaluation, Validation Negligent training is a legal term for the lack of training or inadequate training that can be used in a lawsuit to prove the organization did

  • The Federal Tort Claims Act

    The Federal Tort Claims Act enable the federal government to act as a self-insurer, and recognizes liability for the negligent or wrongful acts or omissions of its employees acting within the scope of their official duties.

  • What is the difference between an intentional tort and an un

    In an intentional tort, the act was beyond negligent, because the person intentionally committed the act, knowing that harm would result to the victims. An intentional tort can very seriously affect a business.

  • Compare and Contrast

    Strict liability in tort is the concept that in certain situations a defendant is liable for plaintiff's damages without any requirement that the plaintiff prove that the defendant was negligent.

  • Law of Tort

    Three elements must be established in every tort action: (www.answer.com) First, the plaintiff must establish that the defendant was under a legal duty to act in a particular fashion.

View More Related Solutions