BUS 670 WK5ass - Tort 1 Negligent Tort Jennifer Baxter BUS...

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Tort 1 Negligent Tort Jennifer Baxter BUS 670 Professor Little May 16, 2011
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Tort 2 The purpose of lawsuits based on alleged negligence is to deter careless conduct and encourage responsible behavior. A tort is a wrong that involves a breach of civil duty owed to someone else (Mallor et al, 2010, p 170). Tort cases identify different types of wrongfulness which include: intent, recklessness, negligence and strict liability (p 170). According to Larson (2003), “negligence is the failure to use ordinary care through either an act or omission.” That is, negligence occurs when somebody does not exercise the amount of care that a reasonably careful person would use under the circumstances; or somebody does something that a reasonably careful person would not do under the circumstances.” Mallor et al (2010) contends that “negligent conduct falls below the level necessary to protect others against unreasonable risks of harm.” The elements of a negligent claim consist of 1) that the defendant owed a duty of care to the plaintiff; 2) that the defendant committed a breach of this duty; and 3) that this breach was the actual and proximate cause of the injury experienced by the plaintiff (p 206). A duty of care is owed to people who might reasonably be injured if that duty was not observed. Negligence is often claimed in personal injury lawsuits, such as those arising out of an automobile accident case (Larson, 2003). An example of such a situation: a person driving a car has a general duty to the public to conduct the car in a safe and responsible manner. If a driver runs through a red light, the driver violates that duty. As it is foreseeable that running a red light
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