Unit 3 Essay.docx - 1 Tort Law - Negligence Eastern Gateway...

1
Tort Law - Negligence
Eastern Gateway Community College
BUS203: Business Law I
Professor Pitts
January 30, 2021
When it comes to tort law, there are three categories – intentional, negligent, and strict
liability. In this essay, we will focus on the law of negligence. In The Legal and Ethical

2
Environment of Business book, a law of negligence can be defined as such, “breaching the duty
we owe others” (The Saylor Foundation, Negligence, para. 2).
Tort law came to be in the United States between 1850 and 1880 (White, 2013, p. 98).
Tort law took over for the writ system due to the American population expanding and more states
joining the union which in turn increased the amount of state courts. The Brown v. Kendall case
in 1850 marks the start of tort law where a person was hurt in the midst of someone breaking up
a dog fight with a stick. It was decided that writs could not determine the amount of damage
done so the three laws of tort were formed (p. 98).