Negligence Is Careless And Unresponsible Behaviour Essay

1072 Words Oct 12th, 2014 5 Pages
Negligence is careless and unresponsible behaviour. It arise when one person (defendant) could avoid some damages or financial loss, but did not suceed at foreseeing it while acting. As a result, another person was caused and affected by some sort of damage. However, that damage was not made intentionally, but still it was caused by the defendant, as he or she could prevent the damage made to another person by taking reasonable care. Sometimes such an unpleasant situation may be solved by a simple «sorry», althought a victim of the negligent behaviour may also sue a careless person and will make a defendant pay an injury costs. So if the case with the negligence goes further to the court and claimant wants to sue defendant, it will be neccessary to decide if the person was negligent. One of the most important tasks, when deciding whether behaviour was negligent, is to define the duty of care of the person. In that case the judge or a plaintiff at the court should prove that the actions taken by the defendant has failed to meet the criteria of reasonable care. It is very hard to define as there is no a single standard or legal definition for the duty of care and all the cases are different from each other.
The next step is to prove that breach of a duty has been made. A judge should prove that a person that is claimed as negligent has not provided a reasonable care of the duty of care. And the last step is to define the level of the damage that should be paid to the…

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