Love. Negligent Tort Coursework Example | Topics and Well Written Essays - 500 words

Love. Negligent Tort - Coursework Example There must have been a duty of care owed by the defendant to the plaintiff, the duty of care must have been breached, the breach must have resulted into a loss, and the immediate loss must have been attributable to the actions of the defendant (Miller and Gentz, 2009). Duty of care refers to a person’s obligation to refrain from causing harm to other members of the society and from infringing other people’s rights. The principle of duty of care therefore establishes fundamentals of peaceful coexistence in the society. The measure of degree of duty of care in the law of negligent tort is measured by the standard of a normally rational person. Further, determination of the duty of care relies on the capacity of the defendant. There are however certain exemptions to a person’s duty of care to other parties. Foreseeable risks and contributory negligence for instance reduces a defendant’s liability to exercise a duty of care to another person (Miller and Gentz, 2009). Negligent tort is further defined by failure to exercise a person’s duty of care to others. The breach of duty of care is also defined by normal standards of the defendant and the environment. A professional medical practitioner is for example more liable for breach of duty of care to a patient than an ordinary citizen under the same conditions is. The breach of duty of care must subsequently be supported by a resultant legal damage. The term legal damage means that the injury that is suffered by the plaintiff must be actionable before a legal system. This is because some losses may not be legally recognized (Miller and Gentz, 2009). The final element of a negligent tort is the proximate causation. This element defines the relationship between the damage suffered and the actions of the defendant. Negligent tort can only be instituted if the damage suffered by the plaintiff is attributable to the defendant’s breach of duty of care (Ramlogan, Persadie and