Key Elements of Negligence

Topics: Tort, Law, Tort law Pages: 2 (672 words) Published: October 7, 2012
QWeek 2 Question One:
What are the elements of negligence? How does an intentional tort differ from negligence? Provide examples. How does the strict liability doctrine apply to the practice of accounting? Provide examples. Key elements of negligence:

Duty of Care: This element is about the care and concern that every human being with a sound and rational mind should show towards their fellow human beings.  Breach of Duty: failing to meet your agreed upon obligations  Harm: Causing harm or damage to persons or property

Factual Causation: having been proven in court of causing harm and discomfort to a person or property Legal Causation: Having been part of negligent activity, however not legally responsible under the law

 How does an intentional tort differ from negligence?
Intentional tort occurs when a person intentionally acts to injure someone or their property. Most times it will not matter if the person committing the act intended for the injury to occur, only that they committed the act intentionally that may have lead to the injury or damages. Example of intentional tort are kidnapping, assault, or spousal abuse. 

Negligence on the other hand happens when harm or damage occur without intention, an example is someone who disobeys traffic laws and they result in an accident. While they were breaking the law, they did not intentionally mean for the accident to occur. 

How does the strict liability doctrine apply to the practice of accounting? Provide examples. The strict liability doctrine in accounting deals with accountants who basically gambles with a clients money resulting in a major loss, most times without the clients knowledge of intent. This also applies in the event of tax evasion whereas an accountant does not fully reveal a clients complete asset list, and results in an IRS audit to the client. 

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