BUS 415 Week 2 - DQ 1 - 7465

Solution Posted by
3number
Solution Detail
Price: $2.00
  • From: ,
  • Posted on: Wed 11 Apr, 2012
  • Request id: None
  • Purchased: 0 time(s)
  • Average Rating: No rating
Request Description

Wk 2 dq 1…List and define the elements necessary to prove negligence. How does the elements relate to the doctrine of strict liability?

The elements to prove negligence is, duty, breach of duty, causation, and damages.

Duty-The law assumes that a duty of care exists for all people in relation to any other person.

Breach of duty-Assuming that the plaintiff proves that a duty was present.

Causation-This is the most complicated element of proving a negligence claim.

Damages-If all three of the other elements are proven, then you must also prove damages.

Strict liability and negligence are two different ways to assign legal responsibility when one party harms another. Strict liability always holds the injuring party responsible, negligence holds the injuring party responsible only in the case that it failed to exercise the proper "standard of care". If strict liability applies to the case, one may only need to show that they caused the harm and that the defendant was responsible, even if the defendant acted in good faith or took all possible precautions. The elements of negligence can defend him or her by showing that one of these elements is missing and/or by establishing an affirmative defense. Depending on the case, some may eliminate the need to prove negligence if she could establish that one or more of the defendants was subject to strict liability.

 

Solution Description

Wk 2 dq 1…List and define the elements necessary to prove negligence. How does the elements relate to the doctrine of strict liability?

The elements to prove negligence is, duty, breach of duty, causation, and damages.

Duty-Th