Tort

Tort

A Tort is an injury to a person for which the defendant who possible caused the injury is legally responsible often caused from the defendant’s negligence (Nolo’s. 2011). Negligence is defined as the failure to produce the care toward others that is reasonable, or taking action that such a reasonable person would not, resulting in unintentional harm to another (Nolo’s. 2011). Claiming negligence forms a basis needed in litigation when possible plaintiffs begin building a case for action taken against them. In order to prove that negligence existed the plaintiffs must prove that the defendant acted with negligent and injured them. That the defendant's action was not reasonably and a normal person would not have done them and that the damage done was directly caused by the negligent act (Nolo’s. 2011).

Negligence tort occurs when a person does not give the proper duty of care to a personal interaction. The elements of a negligence claim are a duty of care owed to the plaintiff, that the breach of this duty by the defendant and because of that breach caused harm to the plaintiff (Mallor et al. 2011). A case of tort on negligence is only successful if the following five elements are met. Firstly, a duty of care must be evident. A breach in agreement, cause in fact, proximate cause, and harm. Given this fact, we also need to know whether the consequences of the defendants act were reasonably foreseen.

Duty, obligation of one person to another, flows from millennia of social customs, philosophy, and religion. Serving as the glue of society, duty is the thread that binds humans to one another with in communities. Duty constrains and channels behavior in a socially responsible way before the fact, and it provides a basis for judging the propriety of behavior thereafter (Owen. 2007). The relationship between the defendant and the plaintiff must be defined by an obligation agreed upon by both parties that the defendant has to take proper care to avoid...