Love. Negligent Tort Coursework Example | Topics and Well Written Essays - 500 words

Love. absorbed Tort - Coursework Example on that point must carry been a job of care owed by the defendant to the plaintiff, the work of care must have been wear outed, the breach must have resulted into a loss, and the immediate loss must have been attributable to the actions of the defendant (Miller and Gentz, 2009).duty of care refers to a persons obligation to refrain from causing harm to other members of the corporation and from infringing other peoples rights. The principle of duty of care therefore establishes fundamentals of peaceful coexistence in the society. The measure of degree of duty of care in the law of negligent tort is measured by the standard of a normally rational person. Further, de statusination of the duty of care relies on the capacity of the defendant. There are however certain exemptions to a persons duty of care to other parties. predictable risks and contributory negligence for instance reduces a defendants liability to process a duty of care to a nother person (Miller and Gentz, 2009).Negligent tort is further delineate by failure to exercise a persons duty of care to others. The breach of duty of care is also defined by normal standards of the defendant and the environment. A professional medical practitioner is for example more presumable for breach of duty of care to a patient than an ordinary citizen under the same conditions is. The breach of duty of care must subsequently be supported by a resultant legal damage. The term legal damage means that the injury that is suffered by the plaintiff must be actionable sooner a legal system. This is because some losses may not be legally recognized (Miller and Gentz, 2009).The last element of a negligent tort is the proximate causation. This element defines the relationship between the damage suffered and the actions of the defendant. Negligent tort can only be instituted if the damage suffered by the plaintiff is attributable to the defendants breach of duty of care (Ramloga n, Persadie and