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Forum
Started Nov 27 2012, 15:19
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Nov 27 2012, 15:19
In a negligence case, the main elements that the plaintiff should establish includes duty of care, breach of that duty, resulting harm and causation. The first element, duty of care is fundamental in a negligence case. If the plaintiff cannot show that the defendant had a duty towards the plaintiff to exercise reasonable care the plaintiff cannot maintain his action. Duty of care may be imposed on the defendant by virtue of a contract or special relationship existing between the plaintiff and defendant or by operation of law. Duty of care is sometimes seen as the formalization of the social contract, which indicates the responsibilities the citizens hold towards the fellow citizens.
Peter 12253649
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