Negligent Tort

Negligence is neglect or disregard. Tort is a legal misgiving. Negligent tort is a slip of tort in the legal system. The concept encompasses that of which an occasion where an individuals acts leading to psychic trauma are neither expected nor intended. (Yell, 1999) In this paper, the elements of a negligent tort, the concepts of proximate causation and duty of care, and qualitys of remedies for finding tort liability will be explored. Elements of Negligent Tort There are three elements of negligent tort. The low gear element is that of which the defendant had a responsibility of support and/or care to the plaintiff.For example when an individual puts a child in a car, they aim a responsibility to honorable them appropriately and drive applicably as to avoid any unnecessary dangers to the full extent of their capability (like not driving 120 mph). The consequence element is that the defendant did not complete this obligation. To continue with the previous example once the i ndividual takes the responsibility of transporting the child (with due reason that they will secure the child and drive reasonably) and fail to do so, this is the second part of finding negligent tort.The third element of this is that this reveal was the actual and proximate cause of injury experienced by the plaintiff. (Barnes, Bowers, Langvardt, & Mallor, 2010, p. 206) Proximate Cause Proximate causation concerns the required degree of proximity or closeness between the defendants breach and the injury it actually caused. (Barnes, Bowers, Langvardt, & Mallor, 2010, p. 225) Proximate cause would mean that the reactions caused by a defendants actions may still not make the defendant 100% liable for what happens unless what can be directly correlated to his/her actions and leaving them free of indirect consequences.This action can also be used in insurance type cases. It has been discussed that if a professional driver has an accident, the company that employs him or her would b e held liable for his/her accident under normal circumstances but if the driver was texting or drinkable (both illegal) when the accident occurred, it could leave the company free from liability and it would fall on the driver. Remedies to Tort Liability Remedies to tort liability can be non-compensatory damages, compensatory damages, and injunctions, to name a few.Compensation or damages received should be in correspondence to the injuries received. Sometimes the conclusion can be as simple as fix whatever was completely wrongly, for example if a dentist removed the wrong tooth, perhaps a remedy to the situation would be replacing it with a expert veneer replacement as long as both parties are happy with that conclusion, that could be the end of it however in this day and age, rarely a civil case ends without some sort of compensatory award.Conclusion Negligent tort, along with duty of care, is a responsibility we all take on every day. When we drive, we harbinger to not drink , not text, and to follow the rules of the road. As citizens of the United States, we promise not to dump our extra oil in the grass, burn our tires, steal, or murder. We all have a responsibility to one another that when we promise to do something, we do it accordingly without any dangerous actions in completion of those promises.ReferencesBarnes, A. J., Bowers, T., Langvardt, A. W., & Mallor, J. P. (2010). Business Law The Ethical, Global, and E-Commerce environs (14th ed.). Boston McGraw-Hill Irwin. Yell, M. L. (1999, February). Center for Effective Collaboration and Practice. Retrieved December 19, 2010, from What are Tort Laws? http//cecp.air.org/interact/authoronline/february99/2.htm2