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Negligence Essay Topics & Paper Examples

Tort of Negligence

Question 1 What legal issues does this situation raise and what are the possible legal consequences? Issue 1 duty of care The tort of negligence to be constituted depend on whether the defendant violate the principle of ‘Duty 0f Care’. Because of the case of Donoghue v Stevenson [1], ‘Duty 0f Care’ has been established in common law: 1. Defendant whether or not fulfill the duty of care. 2. That defendant whether or not breached that duty. 3. whether Breach the duty of care is the main reason to resulting in infringement. 4. Whether the plaintiff suffered virtual damage as a result of the breach. The bank operators have a duty of care towards the customers if they should have…

Introduction to Legal Research

Facts: Samantha Smith, a young and single mother, was shopping in the bath aisle of the local grocery store in Indiana. At approximately 1:30 pm she slipped and fell on a clear shampoo that had leaked out of one of the bottles and onto the floor. The aisle had been inspected, logged as clear of any dangerous hazards at 1:00 pm by an older employee who requires glasses. As a result of the fall, Samantha was transported to the hospital where she was admitted overnight and diagnosed with a broken hip. She will require many months of physical therapy. Samantha has no healthcare insurance coverage to cover any of her expenses and is responsible for a two year old son….

Tort Law

INTRODUCTION TO THE LAW OF NEGLIGENCE • NEGLIGENCE is a fault-based civil liability system as a basis of liability, and considered a broad concept encompassing many types of harm • The tort of negligence is composed of a number of elements, most of which must be proved by the plaintiff (P). These elements are not all self-evident, rather they are conventional concepts that the crts have imposed in an effort to assist them in dealing with various issue the present in negligence litigation • The 3 core elements: (1) the negligent act (2) causation [showing link b/w D’s negligent act and P’s damages] (3) damage [vital part that triggers the claim and launches the litigation process] **keep in mind that…