Elements of Negligent Tort: Analysis and Remedies Essay

1349 Words Mar 3rd, 2013 6 Pages
Introduction The law of torts can be traced back to English Common Law and has become and integral part of Anglo-American Law for hundreds of years .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.

Elements of Negligent Tort
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Actual and Proximate Cause: This is third element of a negligent tort, which is needed in the court to prove that the defendant’s conduct is the actual cause of plaintiff’s injury. The plaintiff who proves actual cause, has to establish the existence of proximate cause, thus proximate cause assume the existence of actual cause. The concern of proximate cause arises, because sometimes it is unfair to hold a defendant liable for all injuries actually caused by his breach, thus courts typically says that a negligent defendant is liable only for the proximate results of his breach. Proximate cause concerns the required degree of proximity or closeness, between the defendant’s breach, and the injury it actually caused.

Analysis of the concepts, and types of remedies for a tort liability
Duty of reasonable care: Court holds that the defendant owed the plaintiff, a duty of reasonable care, if the plaintiff was among those who would foresee-ably be at risk of harm, from defendant’s activities. Duty of reasonable care runs from defendant to plaintiff, meaning that whether the defendant breached the duty or whether the requisite causation link between the defendant’s breach and the plaintiff’s injury is established. If the court concludes that plaintiff was not among those foreseeable at risk and the defendant did not owe the plaintiff’s a duty of reasonable care, than plaintiff’s negligence claim is dismissed, for failure to prove required

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