IDENTIFY AND DEFINE THE ELEMENTS OF THE TORT OF
NEGLIGENCE AND LIST SIX OF THE MAJOR DEFENSES TO THE TORT OF NEGLIGENCE.
****IN YOUR OWN WORDS, DEFINE AND GIVE AN EXAMPLE OF VICARIOUS LIABILITY****ALTHOUGH VICARIOUS LIABILITY
The elements of negligence can be summed up as follows: Duty, Breach, Causation, Damages.
1) Duty to Protect
The first element that must be shown is the defendant's duty to protect the plaintiff. Not everyone owes a duty to an injured party: for example, strangers on the street are not obligated to rescue each other from danger. But sometimes a duty does exist. For example, teachers have a duty to anticipate foreseeable dangers and take necessary precautions to protect students in their care. Specifically, teacher duties include: adequate supervision, maintenance of equipment and facilities, and heightened supervision of high-risk activities.
2) Failing to Exercise a Reasonable Standard of Care
The second element that must be proven in cases of negligence occurs when the defendant fails to exercise a reasonable standard of care in their duty to the injured party. If a teacher fails to exercise reasonable care to protect students from injury, then the teacher is negligent. Courts, in negligence cases, will gauge a defendant's conduct on how a "reasonable" person in a similar situation would have acted.
For this element, several factors are considered by the court:
Factors to consider that may or may not modify the circumstances include:
a) Physical characteristics
A person who has great physical strength will be judged according to an ordinary ...