Did you know that a total disregard to the elements of negligence is a sin in the eyes of the law? Browse through this article to know more on the key elements of negligence.
This element of negligence makes for the most important element out of all the elements of negligence, arguably at least. However, to do justice to this element of negligence, instead of being addressed as the ‘Duty of Care’, it would make for more sense to address it as the ‘Duty of Caring’. This element is all about the care and concern that each and every human being with a sound and rational mind should show towards his/her fellow human beings. For example, you cannot ride rashly on a road full of fellow motorists and pedestrians. This is because, here, not only will you be putting yourself in danger, you will also be putting the lives of fellow motorists and pedestrians at risk, thereby grossly neglecting the duty of care.
Breach Of Duty
A person or the defendant gets a cloudy element of negligence all over him/her when he/she is guilty of harm or damage caused to the person or property of the plaintiff. The intensity of the judgment passed by the judge will depend on the nature of the harm caused by the defendant to the person or property of the plaintiff. Decisions on the harm inflicted are almost always made by the jury or a judge and in most cases these decisions are fully accepted by the court.
A person or defendant is charged of factual causation when it is proven by a court that he/she has been guilty of causing harm and discomfort to the person or property of the defendant. In this case, however, it is really expected of the defendant to be liable for the damages caused.
At times, the causes that lead to the elements of negligence may be factually correct; however, these causes may not fit right with their results. In other words, although the causation may be factually correct, it may not sit down well with the law of the land, which may make a judgment passed with this regard absolutely unethical. For example, if a rash motorist rides past a pedestrian and five seconds post the motorist passing by, the pedestrian is hit by another car; the rash motorist cannot be blamed for the accident. Although it may seem like the rash motorist may have had a role to play in the accident, he really wasn’t a part of it and thus may be allowed to go scot free.
Now that you know what the elements of negligence are, make it point not to neglect the same or you may only be headed to a whole lot of trouble that you surely don’t want to be dealing with!
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