Negligence Law And Negligence Case

1859 Words Dec 4th, 2014 8 Pages
Eric Kurss
Hospitality Law
December 5, 2014

Final Term Paper
Negligence
Rule of Law In the court of law, negligence can be described as an unintentional tort. Negligence is a duty to the plaintiff (party which sues) that the defendant (party being sued) owes, based on a breach of promise to exercise care and safety. The plaintiff must prove that the defendant’s actions fell short of a “reasonable” standard. To prove a negligence case, there are several foundational requirements that must be present in order to carry out a trial. The first being, one must establish a duty of care, or relationship between the plaintiff and defendant. The simplest form is one’s obligation to the world, in which you must act in such a way to not put another person in unreasonable risk of harm. In the cases being presented, Fudge v. The City of Kansas City, and Purton v. Marriott International, this duty of care is established as Delmar Henley and James Fudge were citizens of the same town but did not know each other prior to the accident, nor did Dr. Jared Purton nor Michael Landri (of Marriott) have a prior connection. The second step is to determine the duty owed to the defendant. In our cases, monetary compensation were at stake. Proximate causality, or primary cause of the sustained injury represents the third foundation, and an act from which an injury results and ultimately answers the question as to whether or not the defendant’s action is closely enough related to the plaintiff’s…

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