Law Homework

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Submitted By fvariath
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1. Explain each of the elements that are necessary to prove a case of "negligence".
There are four elements that are necessary to prove a case of “negligence”. The first is to establish a legal duty of care. The plaintiff must prove that the defendant owed them a legal duty of care. The second element is to prove that the legal duty of care was breached. After providing evidence of how the defendant owed the plaintiff a legal duty of care they must then prove how that duty of care was breached by the defendant. The third element is causation. At this juncture the plaintiff must prove that the defendant either directly or indirectly caused the injuries and damages suffered by the plaintiff because of the breach of duty of care. The fourth and final element is proof of damages. At this point the plaintiff must prove that he or she has suffered damages as a result of the breach of duty of care. The damages can cover medical expenses, lost income, as well as pain and suffering. 2. Explain the difference between the defense of contributory and comparative negligence and how applied.
Contributory negligence is a defense claim that applies to cases wherein the plaintiff, through his own negligence, contributed to the harm he suffered and for which he is seeking damages. Comparative negligence differs in that it is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim.
3. Explain the elements of a defamation case and why you think someone might be reluctant to bring one?
The elements of a defamation case are when a false and defamatory statement has been made about a person. The unprivileged publication of the statement is sent to a third party. The defamatory matter is of public concern. And damage is done to the plaintiff. 4. What are punitive damages and when are they applicable?
Punitive damages are…...

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