Three Elements That Make Up This Tort Duty Of Care

Negligence is upholding a certain leavel of care by determining if it meets the four components nessessary for a claim; duty, breach of duty, causation, and damages. In this case duty was not handled correctly. Duty means you agree to take care of a health care patients. THe girls working at the Good Samaritan Home did not take proper care of the residents. Breach of duty is broken down into four categories; Misfeasance, nonfeasance, and malfeasance. In this case the breach of duty refers to nonfeasance. There was a failure to act, by no other employees bringing the ause to attention. Causation requires an injury to be due to the healthcare professionals negligence. In the case of abuse in the Good Samaritan case there was no other way the injuries could have happened. The damages refers to the injuries caused to the residents.

The civil legal system is one in which plaintiff feels that they have been wronged in someway and seek compensation and not punishment through a civil suit. This usually happens in the form of property or monetary damages. In these cases civil law governs relationship between and among people, business, organizations, and governmental entities. For example the case of Rodriguez v. Firestone (2001) civil law contained the rules for the manufacturing and sales of consumer goods with hidden hazards for the user.

The first legal concepts we will cover are Torts. By definition a tort is a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another. Now when dealing with torts the first question that needs to be answer is a question of liability. There are: intentional liability, negligence liability, and strict

Negligence is the most common type of liability case that healthcare organization face. It often occurs when a person fails to hold up to the accepted standards of behavior. There are four elements essential to proving negligence: 1. a duty of care, Duty is a legal obligation the defendant owes to the plaintiff. In a negligence case the duty is most commonly expressed as a general obligation to act with care in other words to conduct oneself as a reasonably prudent person would do in similar circumstances. 2. Breach of that duty: A breach of duty occurs when one person or company has a duty of care toward another person or company, but fails to live up to that standard.  A person may be liable for negligence in a personal injury case if his breach of duty caused another person’s injuries. Once the duty has been established, the plaintiff must show that it was breached by presenting evidence of the facts of the case and testimony from expert witness which is usually the same witness who established the duty in the beginning. 3. injury: Damage or harm

Business Law-Law Business and Society states that torts are, “civil wrongs not arising from contracts.”(McAdams. P. 278) Torts involve a breach of duty resulting in loss and or injury. Negligence is defined as, “situations in which harm is caused accidently, and no intent is present.” (McAdams. p.279)

RULE - Negligence occurs when an entity fails to exercise ordinary care to avoid injury to others. For a valid negligence claim the plaintiff must establish the following elements of proof: duty of care, breach of duty, cause in fact, proximate cause, and actual loss or harm. If the defendant can attack any of these elements they may successfully defend the negligence suit. The first element is establishing the presence of a duty of care owed by one party to another.

Negligence is a tort law and it falls within the civil law which means a civil wrong has been committed (Tort and Negligence, 2012). The American civil justice system, defines the law of torts as situations that occur when the wrongful conduct of one party causes harm to another individual (WiseGeek, 2003). The responsible party fails to act as a reasonable person to someone to whom she or he owes a duty, as required by law under the circumstances. Negligent torts are not committed purposely, and there must be an injury that occurs from the breach of the duty (Negligent Tort Law, 2014).

“Tort law are to provide relief to injured parties for harms caused by others, to impose liability on parties responsible for the harm, and to deter others from committing harmful acts. Torts can shift the burden of loss from the injured party to the party who is at fault or better suited to bear the burden of the loss.” There are 3 categories of torts; Intention, the person knew or should have known it was not right. Negligent when the persons actions are unsafe and strict liability torts do not depend on the degree of care a person used.

　　A set of rules that governs the relations between private parties is known as Civil Law, and is intended to resolve conflict, and shape and control personal interactions such as property ownership and transfer, wills and trust, commerce, and contracts. Individuals and business enterprises and corporations are all governed by Civil Law.

Civil law is defined as the body of law of a state or nation governing the behavior of individuals

Torts of negligence are breaches of duty that results to injury to another person to whom the duty breached is owed. Like all other torts, the requirements for this are duty, breach of duty by the defendant, causation and injury(Stuhmcke and Corporation.E 2001). However, this form of tort differs from intentional tort as regards the manner the duty is breached. In torts of negligence, duties are breached by negligence and not by intent. Negligence is conduct that falls below the standard of care established by law for the protection of others against unreasonable risk of harm(Stuhmcke and Corporation.E 2001). The standard measure of negligence is the universal reasonable person standard. The assumption in this case is that a reasonable

Presented are four separate cases that have been argued and settled in a court of law. Each of these cases represent a different kind of tort, a tort is a civil wrong or wrongful act, which can be either intentional or accidental, from which injury occurs to another (Hill & Hill n.d.). The torts are as listed, intentional, criminal, negligence, and liability as presented in the four researched cases.

Negligence is the failure to exercise due care or diligence that a reasonable or prudent man would exercise in similar circumstances. The law of negligence falls under tort law where it involves harm that is caused by carelessness and not intentional harm (Katter, 2002). A tort is a civil wrong that is in the form of a breach of duty, which amounts to legal remedy that is awarded in damages. Tort law rests upon two principles that state that an act or omission by the defendant interferes with the rights of the plaintiff, which in turn causes damages (Trindade, 2007). Secondly, the interference caused by the defendant gives rise to a cause of action for damages that are as near as possible to the plaintiff’s loss. Therefore, negligence can be defined as doing something that a reasonable man would not have done in similar circumstances or failure to do what a reasonable man would have done which amounts to infliction of harm.

Law of tort dominates civil conduct in all aspects of life and numerous of violations of duties are all distinctly set. It provides remedies for certain civil wrongs that have not been arisen from the contractual duties. Under tort law, whether it is an intentional act or accident, the injured victim (plaintiff) may be capable to recover damages from the person that liable for the harmed caused (defendant). Negligence is the most significant and developed category of tort in terms of money and varied of cases involved. It believes that the plaintiff should bear their own adversities unless there is a proof shows that the defendant owes of duty to comply with ordinary care and skill. There are few elements have to be shown

According to law, tort occurs when a person fails to observe duty imposed on one by law, to ensure there is no injury to a determinate person. In most cases, the remedies for a tort are in the form of unliquidated damages for instance different amounts of compensation, which are determined by the courts of law. The law seeks to compensate the aggrieved party, unlike the criminal cases where the offenders are punished according to law. However, certain cases in tort fall both in the civil and criminal law brackets. Examples include assault and battery. The tort of negligence is addressed in this article, because of its influence compared to the other torts of law. The liability attracted by negligence comes from a basis of duty to practice reasonable care (Geistfeld, 2011, pg 144).