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1. The plaintiff must be owed a duty by the defendant.

2. The plaintiff must show that the duty was violated by the defendant.

3. That actual harm resulted.

4. That the harm was reasonably foreseeable.

However, as with all legal questions, one should consult with a qualified attorney in your area so that your specific concerns can be properly addressed. Many will answer a question for free, or provide a free consultation.

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14y ago
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16y ago

The fundamental questions asked in establishing an action/claim in negligence are:

1) Is there a "duty of care" owed by the defendant?

2) Has it been breached by the defendant?

3) Was the breach a factual cause of the loss/damage?

4) Is the damage attributable (legally) to the defendant - i.e. is the damage within the scope of the duty owed by the defendant?

At each stage, various objective standards apply. There are many forms of negligence, each with incredibly complex and divergent case law. Definitely a work in progress.

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14y ago

The tort of negligence is applied where there has been a duty of care owed to one party that has been breached by a second party, and that has lead to damage being suffered by the first party.

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14y ago

Negligence, in and of itself, is the neglect to act in some manner when a "reasonable man" would have acted. To describe the "elements", one would need to know in what manner the negligence is enacted, i.e. criminally negligent homicide.

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Q: Describe the elements of the tort of negligence?
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Related questions

Name a tort for which there does not have to be an intent to harm?

The tort of negligence


What is the most common tort?

Its negligence


What is the Difference between civil and criminal tort liability?

Criminal negligence is an act of negligence that results in a crime-such as involuntary manslaughter which are tried in a criminal court. Tort negligence is negligence thought of as a "civil wrongdoing" which is addressed in civil courts.


What is legal tort?

A legal tort is a civil wrong doing. Basically, tort law applies to physical and emotional damage that is done to another person as a result of negligence. Below is an article that further describes tort law and the elements that must be present to prove a case.


What is a legal tort?

A legal tort is a civil wrong doing. Basically, tort law applies to physical and emotional damage that is done to another person as a result of negligence. Below is an article that further describes tort law and the elements that must be present to prove a case.


What is negligent tort?

Basically someone that causes an injury due to their own negligence. Here is the full definition: http://www.quizlaw.com/personal_injury_law/what_is_a_negligent_tort.php


How do you use the word tort in a sentence?

Use it as a noun. It can be a subject as in: A tort is a civil wrong. It can be a predicate nominative as in: Negligence is a tort. It can be an object of a preposition as in: Negligence is a type of tort. It can be a direct object as in: He committed a tort. It can be an indirect object: Giving torts a meaning is tough.


Is a tort Negligence?

Well, negligence is a type of tort-or civil wrongdoing. It is when a person acts in an irresponsible manner/negligent manner and his or her action results in injury or death to another person. It is a civil offense and tried in a civil court-typically in personal injury law. The attached law article explains further about negligence and the elements of negligence that must be proven in order to advance a suit.


What is Negligence consisted of?

Negligence is a tort or civil wrongdoing in which a person or entity acts irresponsibly or "negligently" and that action results in serious injury or death of another person. The attached law article explains negligence further and the elements involved in proving negligence during a lawsuit.


What tort is Failing to exercise ordinary care is?

Negligence.


How is an intentional tort different from an unintentional tort?

Tort law addresses civil wrong doings in which someone has been hurt in some way by someone else's negligence, carelessness, or malice. The malice part of that equation would be the intentional tort. Most personal injury cases involve negligence but intentional torts are just that-intentional acts done to bring about or cause harm in some way. But in either type of tort the four main elements of tort law must still be proven to have a solid case.


What constitutes a tort?

A tort is an injury or civil wrong doing. In order to prove guilt in tort law, one must prove a series of things. The article below describes the elements of tort law and proving them. Torts are either torts of negligence or torts of intent. Basically the injury or death was intentional or unintentional.