Elements of Negligent Tort
Dr. Mark A. Cohen
19 October 2012
A tort is a civil wrong that is not a breach of a contract. Tort cases and treatises identify different types of wrongfulness, culpability, or fault and define them in varying ways. ort law contemplates civil liability for those who commit torts. This distinguishes it from the criminal law, which also involves wrongful behavior (Mallor, Barnes, Bowers, & Langvardt, 2010). These laws have been modified many times since the late 1800's by state legislatures and these changes have given plaintiffs more chance of success when bringing forth their claims. Original tort law included coverage for injuries suffered while in the workplace, but this since has been removed entirely from tort law and replaced with the state administered workers compensation systems. In order for a plaintiff to utilize the law of torts certain elements need to be present so that a reasonable measure of success can be ensured in the outcome (Mallor, Barnes, Bowers, & Langvardt, 2010). Most torts consist of three elements: (1) the defendant must owe a legal duty to the plaintiff; (2) the defendant violates said duty; and (3) a sufficient causal connection exists between the defendant’s conduct and the plaintiff’s injury (Harper, James Jr., & Gray, 2005). An integral part of negligent torts is proximate causation. Proximate causation is when acts is not always clear but assume the existence of actual cause. This injury or events is where the plaintiff has the right to bring suit against the defendant for compensatory damages that can exceed the actual costs incurred by the injured party. Along with proximate causation is also the duty to care, which shows that the defendant has a duty to the persons he or she is dealing with to ensure that their actions do not result in injury to any persons that they have business dealings with. Gertsen v. Municipality of Metropolitan Toronto, 1973...
References: Harper, F. V., James Jr., F., & Gray, O. S. (2005). The Law of Torts. Aspen Publishers.
Mallor, J. P., Barnes, A. J., Bowers, T., & Langvardt, A. W. (2010). Business Law: The Ethical, Global and E-Commerce Environment (Fourteenth ed.). McGraw-Hill.
Zamore, J. D. (2012). Business Torts. Matthew Bender and Company, Inc.
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