Tort Law Essay

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Torts of negligence is one of three categories that a tort can fall into. What is a tort? “A tort is a civil wrong where one party has acted, or in some cases failed to act, and that action or inaction causes a loss to be suffered by another party.” (Melvin, S.P. (2011). page 208.) Negligence could be defined as an event that was accidental but caused harm to another party. By creating the tort of negligence any gaps in the law are filled to protect the people further. More often wrongful intent must be proven as well which can be difficult at times to prove. In this paper we will take a closer look at the elements of negligence by looking at duty, breach of duty, cause in fact, proximate case and actual damages. This paper will also discuss a Landmark court case by discussing Plasgraf v. Long Island Railroad Co. and how torts of negligence is used in this case as well as a few other cases. Elements of Negligence Negligence tort law refers to the unintentional actions by one party that causes harm to another party. Negligence is the most common form of tort law resulting from careless or irresponsible behavior that causes injuries to another party. According to “TortLaw.org” (2013), “The law generally defines negligence as failing to exercise the same type of care as a reasonable person would in similar circumstances” (The Law of Tort Negligence). Negligence tort law allows an injured party to seek civil recovery from the party that caused the injury due to negligence. Not all injuries are the result of negligence, therefore a plaintiff must prove the five elements of negligence, which are duty, breach of duty, cause in fact, proximate (legal) cause, and actual damages (Melvin, 2011). Duty Duty refers to the general legal obligation that one party owes to another other party to prevent an increased risk or cause injury. This legal duty must be proven by

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