1. What are the elements of negligence? When and how can a plaintiff claim damag
ID: 413823 • Letter: 1
Question
1. What are the elements of negligence? When and how can a plaintiff claim damages if the defendant has breached a duty of care?
2. If a plaintiff is partially liable for his or her own injuries, what impact would the doctrines of contributory negligence and comparative negligence have on his or her case?
3. Explain the doctrine of strict liability with examples.
4. What are the two elements required to be convicted of an intent crime?
5. What is the exclusionary rule, and how does it discourage unreasonable search and seizure?
Explanation / Answer
1.
There are following elements of negligence.
A. Duty of care that a service or product provider or the defendant had towards the plaintiff and it could not be delivered.
B. Breach of the duty of care that was promised, but were breached as it was not delivered.
C. The presence of the cause as the action of service or product provider or the defendant led to the harm to the plaintiff.
D. Presence of the proximity cause as the possible harm due to the action of defendant was foreseeable
E. The resulting damage due to the conduct of defendant
A plaintiff can claim damages if he or she can prove that negligence towards the duty of care took place and the harm was the actual result of the action taken up by the defendant. In this regard, the plaintiff has to bring proof that justifies that:
1. There was a negligence towards the duty of care that could be prevented by the defendant.
2. The harm was foreseeable by the defendant due to his cause, but the defendant overlooked it.
3. The harm is the result of action of the defendant
It will help the plaintiff to get the justice and claim the damage.
Pl. repost other unanswered questions for their proper answers!
Related Questions
Navigate
Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.