Negligence Essay Example | Topics and Well Written Essays - 1250 words

Negligence - Essay Example In the context of negligence, tort law is more concerned with the harm that results from careless behaviour rather than harm caused intentionally. It follows, then, that negligence is the failure to apply the reasonable care as a prudent person would have done in similar circumstances. The key principle of the tort law of negligence is that people must exercise rational care when acting by considering the potential and foreseeable harm they can cause to others, Fletcher vs Rylands, LR 1 Ex 265 of 1866 (Donal 2004, p.5). So, when a court establishes that there was negligence, it is actually conducting an ex post assessment of the defendant’s conduct. Historically, suits of negligence have been analysed in stages known as elements. The significance of elements is that a plaintiff must prove all elements relevant to his claim. For example, if there are five elements in a particular tort, failure to prove all five will lead to failure of the claim. Despite all this, it is also cru cial to note that persons who disregard the safety aspect of others but cause no injury may only be reprehensible morally, but will not be guilty of negligence. On the other hand, those who make all effort to exercise care but still fall below the stipulated standards by the court will be guilty of negligence and held liable (Feinnman 2010, p. 69). The legal duty of care a defendant owes a plaintiff defines the relationships and circumstances recognised by law as giving rise to legal obligation to take care. A person may be owed a care of duty by another to ensure that unreasonable economical, mental or physical loss or harm is not suffered. According to the House of Lords, duty of care can be tested in three parts in judicial terms. First, the defendant’s conduct must have caused harm that was reasonably foreseeable; then, there must have been a proximity relationship between the plaintiff and

Critical analysis Essay Example | Topics and Well Written Essays - 1000 words - 3

Critical analysis - Essay Example h her implications that our generation today is self-absorbed, less committed than the previous generation whose capacity for love has shrink and withered as we wait for the perfect one to come along (196). For many generations, women have been forced by society to conform to sets of norms. Even in this present generation, many people still believe that women need to get married and have children to be complete. As Crittenden kindly put it "A woman will not understand what true dependency is until she is cradling her own infant in her arms; nor will she lively achieve the self-confidence she craves until she has withstood, and transcended, the weight of responsibility a family places upon her – a weight that makes all the paperwork and assignments of her in-basket seen feather-light (976)." Yes, motherhood is a big responsibility and caring for a family is something that should never be taken lightly by any woman or even by a man for than matter but the point is, womanhood is not just about making babies and caring for the family. Such idea is too simplistic. Its like putting a woman inside a box and limiting her potentials and capacities. The sense of wisdom and maturity does n ot only come when woman gets married and have children of her own. The author may not be aware of it but a lot of women and men for that matter get married, have children but never really grow up both emotionally and mentally. Growing up should never be tied to the idea of marriage and having children. We are not cows that are grown so that they can breed when they reach maturity. We are human beings and we a have a choice when it comes to these things. Another thing that the author failed to mention here is that marriage is not a means to and end. You do not get married to grow up, to be become more responsible, to be "stronger" or to be happy as the author would like to believe. Besides, a lot of people who are married are not happy at all. Just look at the staggering divorce rate that