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Word Count: 595
The topic that will be discussed in this paper is negligence Negligence is any conduct which creates an unreasonable risk of foreseeable harm to another There has to be risk involved in the case in order for there to be negligence Therefore if there is no risk involved then there is no case for negligence There are four basic elements of negligence that will be discussed in this paper A plaintiff must prove in a court of law all four of the elements in order to win the case The four elements of negligence are duty of care breach of duty causation and injury Also there are four defenses of negligence that will be talked about in this paper They are contributory negligence assumption of risk intervening causes and foreseeabillity Lastly in this paper the special negligence doctrine of res ipsa loquitur will be examined Throughout this paper the elements doctrines and defenses of negligence will be studied and also how they apply to several different legal cases that have been brought to various courts in the United States The first two elements that will be discussed are duty of care and breach of the duty to care Duty to care means that people in todays society are free to act as they please but as long as it does not infringe on another persons interests Wests 99 Breach of duty is not as clearly defined as duty of care It is usually determined by a case-by case basis If a person acts in an unacceptable manner for example losing their temper in public or does not act in a prudent manner then they could be charged with breach of duty Breach of duty does not only pertain to domestic situations but also in ones occupation If one is a landowner then he must have reasonable care for the individual visiting his property or living on his property If the person is harmed
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