What Is The Tort Of Negligence?

Improved Essays
Negligence
The tort of negligence occurs when someone suffers injury because of another’s failure to live up to a required duty of care. (Roger, Clarkson, Cross 2012 p. 136) To determine if the defendant committed negligence then four factors must be present within the facts of the case:(1)duty of care,(2)breach of duty of care,(3)Causation, and(4)damages. when all four factors are fulfilled then a case for negligence exist.

Duty of Care
“Duty of care is the duty of all persons, as established by tort law, to exercise a reasonable amount of care in their dealings with others. Failure to exercise due care, which is normally determined by ‘reasonable person standard,’ constitutes the tort of negligence.” (Roger, Clarkson, Cross 2012 p. G-12)
…show more content…
The public interest is defined as the collective well-being of the community of people and institutions the profession serves. members fulfilling their responsibility to the public, clients’ and employers’ interest are best served with acts of integrity. They are expected to perform quality services that demonstrates a level of consistent professionalism that are guided within the Principles of the Code of Professional Conduct. In order to maintain faith of the public that reposes in them and allow members to continually demonstrate their dedication to professional excellence.(AICPA 2014 p. 5)
The Generally Accepted Accounting Principles(GAAP), is a common set of accounting principles, authoritative standards and procedures that companies use to gather their financial reports. GAAP is the standard industry for accountants to record and report accounting and auditing informations. Typically a CPA firm audits may prove the existence of physical assets, examine business activities and confirm account
…show more content…
On April 12, 2005 Sensory Circuit filed bankruptcy protection under Chapter 7 of the Bankruptcy Code. Sensory Circuit still owed $2,390,000 to Bank of Star and was unlikely to get a full recovery of the loss. The plaintiff suffered a legally recognizable loss of $2,390,000 due to Sensory Circuit sudden

Related Documents

  • Improved Essays

    Hrm/531 Week 4

    • 391 Words
    • 2 Pages

    The client’s management is responsible for preparing the financial statements which auditors examine and issue a report, thus providing reliability of the financial statements by users when making economic decisions. The auditors’ report on financial statements and related disclosures for both public and nonpublic entities provides or disclaims an opinion on whether the financial statements and related disclosures are presented in accordance with the Generally Accepted Accounting Principles (GAAP) (Louwers, Ramsay, Sinason, Strawser, & Thibodeau, 2015). This opinion is the conclusion reached by the auditors after tests of controls and substantive procedures that have been performed during the audit engagement. Paragraph 10 of Auditing Standard 3101 “Reports on Audited Financial Statements” states the type of opinion the auditors may express in various circumstances (PCAOB, 2016):…

    • 391 Words
    • 2 Pages
    Improved Essays
  • Improved Essays

    Alee V. Bob’s Negligence Negligence requires a showing that a duty was owed, that the duty was breached, and that the breach was the actual and proximate cause of damages Special Duty- Land Occupier/Invitee A special duty arises in circumstances involving a land occupier. An invitee is one who enters upon the land of another with the owner’s permission for the purpose related to the activity.…

    • 1456 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    The duty of care that is owed has two distinct aspects: (1) it must first be shown that a duty was indeed owed the patient, and (2) the scope of that duty must be proven. (Guido, p. 70). Duty is created by a relationship and not by employment status. The second element of proof is the breach of…

    • 604 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    SUSIE V. ALEXIS Negligence To prove negligence, the defendant must owe a duty to the plaintiff, that duty must be breached, and the defendant’s actions or inactions were the cause of the plaintiff’s injury. Duty Duty is the legal obligation required of an individual to act as a reasonable prudent person under similar circumstances. Drivers are required to act with reasonable care when encountering other vehicles and pedestrians.…

    • 849 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Issue: Is Brian liable under the tort theory of negligence to Susan and little Johnny? Is Susan liable under negligence for the injuries to little Johnny? Rule: Negligence is when a person does not behave as a rational and prudent person; however, there are four conditions that must be meet. First, the defendant must have owed the plaintiff a duty. Duty is behavioral standards of a rational and prudent person.…

    • 242 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Pbins 401 Assignment

    • 1123 Words
    • 5 Pages

    The term negligence would apply in a situation where someone did not use the level of care or skills that another would ordinarily have used in a similar situation (Phillips, 2013). Alternatively, malpractice is considered the “careless performance of duty” and requires that the expected delivery of a level of care equal to educational capability, a deviation from that training occurred and someone was directly harmed by the action or inaction which was incongruent with training received to perform the duty (Phillips, 2013, p. 39). Moral Principles in Decision Making A way to guide our ethical practice is essential.…

    • 1123 Words
    • 5 Pages
    Improved Essays
  • Superior Essays

    Niles Case Study

    • 1594 Words
    • 6 Pages

    Niles had every right to file a lawsuit against the City of San Rafael because there was a breach of duty that caused foreseeable damage to the Kelly. If Kelly would have suffered no harm, then that would have not been grounds to sue. Mr. Niles won the case because he was able to prove that all four elements of negligence were present. Mr. Niles was able to prove that duty of care was not properly conducted. Duty is defined as the legal obligation of care, performance, or observance to safeguard the rights of others.…

    • 1594 Words
    • 6 Pages
    Superior Essays
  • Great Essays

    Intentional Tort

    • 1275 Words
    • 6 Pages

    As the owner of a commercial enterprise, there are several aspects of operating a business organization that one ought to be mindful of. With the traditional routines of running a business, the owner should even be knowledgeable of laws that pertain to the business as well as the effects they may have. The incident that occurred at Springfield Arms Apartments brings about queries on where the accountability lies, with the owner or the trespasser. The responsibility is weighted legally as damages incurred. However this matter is handled by the owner reflects the kind of business ethics Springfield Arms Apartments is overseen by.…

    • 1275 Words
    • 6 Pages
    Great Essays
  • Improved Essays

    With many healthcare organizations closing because of these growing indictments it has been ever so important for policies, ethics, and practices to be perfect. Negligence is another topic in the healthcare field that is very important and requires full attention and detail to avoid this. Negligence is defined as ones actions or lack of actions that may cause injury or death (Dunn…

    • 714 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    To provide the proper guidance and ensure that companies are adhering to GAAP FASB seeks advisement from the AICPA and depends on the education and resources provided by the institute, to its members, to shape the practices used throughout the industry. In regards to advisement the AICPA supports the FASB’s board by providing technical supports, standard setting through its auditing board, and provide guidelines to CPAs nationwide. In addition to this the AICPA consults with the FSAB on issues facing the industry’s environment, and works to identify and implement a process for evaluating potential changes in recognition, measurement and disclosure from…

    • 924 Words
    • 4 Pages
    Improved Essays
  • Decent Essays

    Now if we looked at causation we see that the construction company breach in their duty of care caused Bob’s injures. If they would have closed off the area Bob would have not entered the area and gotten hurt. Now for the last element Damages, which is the injures bob got from when he fell and got hurt from some scrap metal. Which if the construction company had closed of the area probably he wouldn’t have gotten injured. So, as we see all four elements of negligence has been satisfied.…

    • 548 Words
    • 3 Pages
    Decent Essays
  • Improved Essays

    Negligence Requirements and Potential Defenses to Myra’s Claim Robyn Broadwater Kaplan University October 18, 2016 MEMORANDUM Date: October 18, 2016 To: Candie Cardigan, CEO, CARDWARE Inc. From: Robyn Broadwater Re: Negligence Requirements and Potential Defenses to Myra’s Claim ______________________________________________________________________________…

    • 828 Words
    • 4 Pages
    Improved Essays
  • Superior Essays

    Negligence tort occurs when one fails to demonstrate the kind of care a prudent and reasonable person would take under the identical circumstances and injury was birthed from the act or the absence of it. In order to justify that the defendant was negligent and therefore liable for one’s injuries, all 5 elements of tort ought to be satisfied. The 5 elements are: Duty, Breach of Duty, Cause in Fact, Proximate Cause and damages Jane v Luke Since Jane has suffered injuries, she in immediately classified under a primary victim. The first element is duty, whether it was owed to the plaintiff. The law acknowledges the relationship between the defendant and plaintiff, and the existing relation in turn may justify that the defendant is obliged to…

    • 1959 Words
    • 8 Pages
    Superior Essays
  • Superior Essays

    Key Elements Required in the Tort of Negligence Duty of Care The results of certain negligence cases rely on upon whether the respondent owed a duty to the offended party. This duty emerges when the law perceives a relationship between the litigant and the offended…

    • 1164 Words
    • 5 Pages
    Superior Essays
  • Superior Essays

    Tort Of Negligence Essay

    • 1145 Words
    • 5 Pages

    Thirdly, Rebecca should have suffered harm due to the duty of care infringed by Michelle. These three aspects of the tort of negligence along with the relevant defence that may be available to Michelle briefly discussed below. Duty of Care ? Neighbor test? is the most common test arranged to ascertain whether in a given scenario, there was a duty of care or not.…

    • 1145 Words
    • 5 Pages
    Superior Essays