Civil Liability Essay Example | Topics and Well Written Essays - 2000 words

Civil Liability - Essay ExampleWithout an adequately stated cause of action the plaintiffs case can be dismissed at the outset. It is not sufficient merely to state that certain events occurred that entitle the plaintiff to relief. All the elements of each cause of action must be detailed in the complaint. The claims must be supported by the facts, the law, and a conclusion that flows from the application of the law to those facts.2To prove a cause of action for thoughtlessness, you need to prove the quaternary elements of the tort. The four elements of a tort are the following a) the existence of a legal craft owed by a soulfulness to others which is usually provided by common or statutory laws b) the soften of the duty by one person (or the negligence itself) c) the breach of the duty being the proximate cause of restitution suffered by a person and, d) damages incurred by a person. In a car solidus for example, you need to prove the following to hold the driver who caused the crash apt(predicate) for negligence a duty to operate the vehicle properly, that they breached that duty by driving improperly, that the breach of the duty by the offending driver caused the accident and, that the person was damaged by the accident, in the form of injuries.3In general, a party who has caused an injury or loss to another as a consequence of his negligence is responsible for all the consequences.4 The usual penalty for negligence is the payment of damages. Damages, in a legal sense, are the sum of money the law imposes for a breach of some duty or violation of some right.5 It place a monetary value on harm done following the principle of reparation in interim (Lain term for restoration to the original condition. Thus, for most purposes connected with the quantification of damages, the degree of culpability in the breach of the duty is irrelevant. Once the breach of duty is established, the only requirement is to compensate the victim. One main running play that is posed when deliberating whether a defendant is entitled for damages is the reasonable person test. This answers the question would a reasonable person (to be determined by a judge or a jury) be damaged by the breach of duty This test is important in deciding whether or not a defendant is entitled to compensation for negligence or tort. Generally, there are two types of damages compensatory and punitive. The term damages typically includes categories, but the term actual damages is synonymous with compensatory damages, and excludes punitive damages. Compensatory damages, like the name suggests, are intended to compensate the hurt party for his loss or injury. This may include past and future economic losses, including medical expenses and loss of wages, and general damages much(prenominal) as such as pain, suffering, and mental anguish.6 Each of the four elements of a tort typically must be present to be compensated. Slip and Fall AccidentA typical source of cause of action bec ause of negligence in the United Kingdom is the slip and fall accident. This happens when a person slips and falls over a private or public property because of the wet, rough, or oily floor or due to the dangerous condition of the place that resulted to injury. It is normal to slip and fall, however, if the accident was caused by negligence of the property owner (or occupier), then he can be held liable for the injuries sustained by a person, whether the victim is an expected