Unity Church

Discussion Board—Unit 5

Professor and Classmates,

Well, I selected Tort of Negligence. As we all know, Negligence can be difficult area of law to define and prove.

Definition: Tort of Negligence: A breach of duty or a failure of one party to exercise the standard of care required by law, resulting in damage to the party to whom the duty was owed.

In order to be successful and win a negligence case, the Plaintiff (the person that is injured) must prove the following four elements to show that the defendant (the person allegedly at fault) acted negligently.

It has to be determined and learned what it takes to bring a successful action for Negligence.

Elements of Negligence:

* Duty of reasonable care: A defendant is required to exercise the same level of care as a reasonable person would in similar circumstances.

* Breach of Duty: The defendant breached the legal duty by acting or failing to act in a particular way.

* Causation (cause –in-fact and proximate cause): It was the defendant’s actions (or inaction) that actually caused the Plaintiff’s injury; and

* Damages: The Plaintiff was harmed or injured as a result of the Defendant’s actions.

Negligence Defenses:

* Contributory Negligence: The negligence of a person which, while not being the primary cause of a tort, nevertheless combined with the act or omission of the primary defendant to cause the tort, and without which the tort would not have occurred.

* Comparative Negligence: When both parties are somewhat at fault and this is usually when damages are paid in percentages (sharing of responsibility).

* Assumption of Risk: When a plaintiff knowingly and voluntarily assumes a risk of harm connected with the negligence of the defendant. If the plaintiff has assumed such a risk, they cannot recover damages for any harm resulting from the defendant’s conduct, even if the defendant was negligent or reckless.

Scenario: Mary (Plaintiff) was driving to the...