Buisiness law Free Essays

What must a plaintiff, in a negligence case, prove and establish in order to recover? What are some of the common defenses available to defendants in negligence suits? Provide an example of a negligence case with one of the common defenses. Negligence is a mode of committing certain torts like negligently or carelessly committing trespass, nuisance or defamation. It can be defined as the conduct which creates a risk of causing damage, rather than a state of mind. We will write a custom essay sample on Buisiness law or any similar topic only for you Order Now In an action for negligence and recover the plaintiff has to prove the following essentials. That the defendant owed duty of care to the plaintiff 2. The defendant made a breach of that duty . Plaintiff suffered damage as a consequence thereof. But it is to be remembered that the burden of proof of negligence always lies on the plaintiff. (Res Ipsa Loquitur) The defendants can plead defenses to reduce or eliminate his liability. Such defenses are contributory negligence, comparative negligence, and assumption of risk. In contributory negligence the negligence of the plaintiff is also contributing cause of her injury and is barred from recovering from a negligent defendant. In Harris Vs Toronto Transit Commission (1968) the Supreme Court Canada held that if a boy sitting in a bus projected his arm outside the bus in spite of warning and is injured, he is guilty of contributory negligence. A comparative negligence is a type of partial defense in which there is a reduce in the amount of damages that a plaintiff can recover in a negligence-based claim based upon the degree to which the plaintiff’s own negligence contributed to cause the damages. The assumption of risk denotes that the plaintiff himself knew that his activity was dangerous and thus bears all responsibility for any injury that resulted. ************************************************ References 1. Elliott, Catherine and Quinn, Frances Tort Law publ. by Longman; 5 editions ISBN-13: 978-1405807111, 2005 2. Miller, LeRoy, Roger and Jentz, Gaylord Business Law Today: The Essentials, Publisher: South-Western College/West; 8th edition, ISBN-13: 978-0324654547, September 26, 2007, How to cite Buisiness law, Papers