Civil Liability Essay Example | Topics and Well Written Essays - 2000 words

Civil Liability - Essay ExampleWithout an adequately tell cause of action the plaintiffs case can be dismissed at the outset. It is not sufficient tho to state that certain events occurred that entitle the plaintiff to relief. All the elements of each cause of action must be detailed in the complaint. The claims must be supported by the facts, the fair play, and a conclusion that flows from the application of the law to those facts.2To prove a cause of action for sloppiness, you need to prove the four elements of the tort. The four elements of a tort are the following a) the existence of a legal trading owed by a psyche to others which is ordinarily provided by common or statutory laws b) the breach of the duty by one person (or the disregard itself) c) the breach of the duty being the proximate cause of regaining suffered by a person and, d) alter incurred by a person. In a car accident for example, you need to prove the following to lay down the driver who caused the cra sh liable for negligence a duty to operate the vehicle properly, that they breached that duty by driving improperly, that the breach of the duty by the offending driver caused the accident and, that the person was damaged by the accident, in the form of injuries.3In general, a party who has caused an injury or waiver to another as a consequence of his negligence is responsible for all the consequences.4 The usual penalty for negligence is the payment of alter. Damages, in a legal sense, are the sum of money the law imposes for a breach of some duty or violation of some right.5 It place a monetary value on harm through following the principle of restitution in interim (Lain term for restoration to the original condition. Thus, for most purposes affiliated with the quantification of damages, the degree of culpability in the breach of the duty is irrelevant. Once the breach of duty is established, the only want is to compensate the victim. One main test that is posed when deliberat ing whether a defendant is entitled for damages is the liable person test. This answers the question would a reasonable person (to be determined by a forecast or a jury) be damaged by the breach of duty This test is important in deciding whether or not a defendant is entitled to compensation for negligence or tort. Generally, in that location are two types of damages compensatory and punitive. The term damages typically includes categories, but the term actual damages is synonymous with compensatory damages, and excludes punitive damages. Compensatory damages, like the name suggests, are intended to compensate the injured party for his loss or injury. This may include past and future economic losses, including medical expenses and loss of wages, and general damages such as such as pain, suffering, and mental anguish.6 Each of the four elements of a tort typically must be present to be compensated. Slip and Fall AccidentA typical witnesser of cause of action because of negligence in the United Kingdom is the slip and fall accident. This happens when a person slips and falls over a private or public property because of the wet, rough, or oily appall or due to the dangerous condition of the place that resulted to injury. It is normal to slip and fall, however, if the accident was caused by negligence of the property owner (or occupier), then he can be held liable for the injuries sustained by a person, whether the victim is an expected