Negligence Tort Law (Essay Sample)
The task is about The tort law of negligence which allows a plaintiff to sue for the damage, harm, or loss the defendant caused through reckless behavior. However, the court identifies negligence liability if the plaintiff can prove that the tortfeasor fell short of the degree of care that amounts to a breach of duty owed, causing damage that falls within the scope of the duty.
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Negligence Tort Law
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Negligence Tort Law
The tort law of negligence allows a plaintiff to sue for the damage, harm or loss the defendant caused through reckless behavior. However, the court identifies negligence liability if the plaintiff can prove that the tortfeasor fell short of the degree of care that amounts to a breach of duty owed, causing damage that falls within the scope of the duty (Steele, 2017, p.116).
The notion of the duty of care was coined from the Donoghue v Stevenson (1932) lawsuit (Steele, 2017). A court finds a duty of care if the plaintiff proves that the harm, loss or damage suffered was foreseeable. Suppose the defendant behaviors do not coincide with actions that a reasonable person would take in a
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