BUS203 Unit 3 Essay.docx - 1 Unit 3 Essay Negligence Tort...

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1 Unit 3 Essay Negligence Tort Rose Hassett Eastern Gateway Community College BUS 203: Business Law I Professor James Fisher
2 A tort is defined by dictionary.com as a “wrongful act, not including a breach of contract or trust, that results in injury to another's person, property, reputation, or the like, and for which the injured party is entitled to compensation.” When a person is wronged, a tort is committed and the wronged individual can sue for compensation. There are many kinds of torts. One tort that was discussed in this unit is negligence. Negligence as defined by dictionary.com is “ the failure to exercise that degree of care that, in the circumstances, the law requires for the protection of other persons or those interests of other persons that may be injuriously affected by the want of such care”. Negligence in law is different than an intentional tort as it is not necessary to intend to cause harm. There, instead, exists a duty of care that we owe other people. Because this duty exists, whether any harm was intended, the injury occurred, and the company or individual can be liable for this injury occurring. In order to prove negligence, four elements must be present. The first of these is that a duty of care must exist. A duty of care is the responsibility of a person or company to act as a reasonable person would act in the same situation. One would have to avoid any to avoid any actions that could harm another person.

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