NEGLIGENCE LAW

Law of Negligence: Remedies and Defenses

Law of Negligence: Remedies and Defenses

1.0 Introduction

Negligence is the ways that fall below the standards of actions recognized by law for the safety of others against unreasonable risk of harm. He or she has acted negligently if departed from the conduct expected of a convincingly prudent person acting under related conditions. It is the value or condition of being negligent, need of due diligence or care, act or an example of negligence or carelessness. In the tort of negligence the plaintiff should verify that the defendant was obliged them a duty of care, broken that obligation and that damages were endured as a result of a break of that duty.

Neglect is a type of tort, but can also be used in criminal law.

Negligence means conduct that is culpable because there is no legal provision to protect a third party against harmful acts, risky predictably, from one or more members of the company or entity (Hepple & Matthews 2000, 27).

The negligent conduct toward others opens the rights of compensation for bodily harm to the areas of mental well-being, property, financial status, or in relationships.

Neglect is used in comparison to acts or omissions that are intentional or willful.

The law of negligence in common law is an aspect of the law of responsibility.

Although damage resulting must be proven in order to obtain compensation for negligence, the nature and extent of damages to be determined.

Negligence, i.e. failure or improper performance of their official duties due to unfair or negligent attitude to service, if this caused major damage or substantial violation of the rights and lawful interests of individuals or organizations or interests protected by the law society or the state shall be punished by a fine of up to one hundred twenty thousand rubles or the salary or other income for the period up to one year, or by compulsory works for a period of one hundred twenty to one hundred and eighty hours, or correctional labor for up to one year, or arrest for up to three months (Hirsch & Ashworth 1998, 23).

The same action which negligently caused, serious bodily injury or death of a person shall be punished by imprisonment for a term not exceeding five years, with disqualification to hold certain posts or practice certain activities for up to three years or without it.

The act provided the first part of this article, committed on imprudence entailed death of two or more persons shall be punished by imprisonment for a term not exceeding seven years, with disqualification to hold certain posts or practice certain activities for up to three years or without it (Dear & Edward 2007, 683).

2.0 Background

Negligence is a legal concept usually used by a court to obtain damages in the case of accidents and injuries or scars on the health and recently in the case of environmental damage. In the tort of negligence the plaintiff should verify that the defendant was obliged them a duty of care, broken that obligation and that ...