Negligence Assignment Help

Negligence Definition

Negligence is often defined as a failure to do or exercise certain appropriate behaviour that is often considered to be unethical that may be responsible for the causing of the pain or injury to the different person. In simple term, negligence can be defined as the act of carelessness that might affect other people and the society in general.

The core concept that is associated with negligence is that it makes people understand that they must take the responsibility of the action or work in a reasonable way. Someone who actually faces problem or damage due to the negligence of the other person then there is a chance that they may sue the person who is behaving in the negligent way I the court and also ask for the required compensation. If you still have any doubts, feel free to connect with the experts to get quality assignment help only at MyAssignmentHelp.

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Elements of Negligence

There are five elements that are associated with negligence that is practiced. They can be stated as the following:

Duty: Duty is the first element that is found associated with the concept of duty. It is referred to the ability that a person has to prove the defendant owed a duty of care and it was not to cause any harm either to the person or any other.
Breach: Breach can be considered to be the second element of negligence. It is referred to the ability to prove that there is an injury that is caused to one of the family members or to oneself due to the result of a violation that is caused in the standard care.
Cause in fact: Cause in fact is the third element of negligence. It refers to the ability to prove a correlation between the negligent or the harmful action that had taken place and the harm or the injury that had to be suffered for the cause.
Proximate Cause: Proximate cause is referred to the ability to prove a link that is directly between a negligent act and the injury that resulted from that action.
Harm: Harm is the last element of negligence. It refers to the ability to prove the harm that is the damage or the injuries that are caused by the negligence in the action of someone else.

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Different Types of Negligence

Negligence is considered to be the central concept in a lawsuit. It is important to understand negligence as a part of the law not only in the case of personal injury but also in the case of state law. There are different kinds of negligence law assignment that are pertinent in different places. the various types of negligence that are considered during a case are mentioned below. They are:

Contributory Negligence:

Contributory negligence is referred to a concept that usually revolves around the contribution of the plaintiff towards the personal damage that is the damage that is caused to himself or herself. If it is seen that the plaintiff himself or herself bears certain faults for the accident for which the personal injury lawsuit is filed by the plaintiff, then there is often chances that there can be a bar to the recovery for the negligence of the plaintiff.

Comparative Negligence:

Comparative negligence refers to the type of negligence where it is seen that the plaintiff still bears a little chance to recover the damages partially even if it is seen that the plaintiff is partially at fault for the damage that is being questioned. Under the comparative law it is seen that the plaintiff has the right to regain the damage even if they are at fault for 99 percent of the fault that has created the damage. It is also seen that the plaintiff loses a percent of the award that is considered to be equal to the fault that is created.

The modified laws of comparative negligence are seen to be more reasonable in nature that usually allows the plaintiff to file a case that is based om the merit of the case.

Gross Negligence:

For excelling in a particular field, it is seen that there is a need for proper training and experience. However, for certain activities to be done, it can be understood that there is no need of skills and a training to avoid the mistakes. It can be done by anyone with a little sense of responsibility. But if a person actually makes a mistake in spite of being able to do the work properly, then it is known as gross negligence.

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Contributory Negligence vs Comparative Negligence

There is a huge difference that can be traced between the contributory negligence and comparative negligence. The primary difference that can be traced between the two legal concepts of contributory negligence and comparative negligence is that there is certain amount of compensation that is being offered to the injured to make up at least some parts of the injury that is being created. On a contrary it is seen in case of the contributory negligence, there is a complete restriction that is seen in the case of any damage that is awarded to the plaintiff. However, it must be remembered that in both cases there is a need to that the negligence or the blame of the plaintiff must be proven properly.

Another very important difference that can be seen in the case of a contributory negligence and the comparative negligence is that the contributory negligence first originated from the common law that was seen in England. Whereas, the comparative negligence is considered to be a statutory creation that can be found in the jurisdiction that had majorly antiquated the common law process.

Therefore, it can be understood that the contributory negligence is older than the comparative negligence and had actually originated much before the comparative law.

The fourth point of difference is based on the severity of the law. The contributory negligence is perceived to be harsher in nature than that of the other law that is the comparative negligence. Thus, it is seen that many of the states have made a deliberate shift to the latter.

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