Introduction to Private Security

Topics: Tort law, Law, Duty of care Pages: 2 (624 words) Published: April 29, 2013
Strayer University
SEC 300 Introduction to Private Security
Prof Ebrahim Biparva
October 26, 2011

Elements of Negligent Liability
Negligence is the failure to exercise the care toward others which a reasonable or prudent person would do under certain circumstances or taking action which a reasonable person would not ( Negligence also assesses the human choice to engage in harmful conduct as proper or improper. This is because choices are deemed improper only if they breach a preexisting obligation to avoid and repair carelessly inflicted harm to others. In some instances, a statute or other law may define specific duties, such as the duty of a person to rescue another. Professionals, such as doctors and lawyers, are also required to uphold a standard of care expected in their profession. When a professional fails to uphold such a standard of care, the professional may be liable for malpractice (doctors are liable for medical malpractice and lawyers are liable for legal malpractice), which is based on the law of negligence. There are five elements of negligent liability; the first is Duty. This is the obligation of one person to another, this flows from millennia of social customs, philosophy and religion. While serving as the glue to society duty is the thread that binds humans to one another in a community. Duty also constrains and channels behavior in a socially responsible way before the fact, and it provides a basis for judging the propriety of behavior. The second element is Breach. This is the misconduct itself when the defendant’s improper act or omission which is normally referred to as the defendant’s breach of duty implies the preexistence of a standard of proper behavior to avoid imposing the undue risks of harm to other persons and their property. The third element is Cause in Fact. This is most often described as the actual connection between a defendant’s negligence and...
Continue Reading

Please join StudyMode to read the full document

You May Also Find These Documents Helpful

  • final private security Essay
  • Private Security Essay
  • Private Security Essay
  • Private Security/Security Plan Essay
  • Essay on Private Securities Reform Act of 1995
  • The Value of Private Security Essay
  • Private Security Contractors Essay
  • Essay about Evolution of Private Security

Become a StudyMode Member

Sign Up - It's Free