Negligence: Standards Of Behaviour Created By The Law

Negligence
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Negligence
Negligence refers to the performance that falls below the established standards of behavior created by the law for the protection of other people against unreasonable harm or risk. An individual is described of acting negligently if she or he has absconded the expected conduct of a person who is supposed to be reasonably prudent or operating under similar activities. For a person to establish negligence as an action cause under the torts law, the applicant must prove that the accused had a duty to him/her. Furthermore, it must be established that the defendant infringed that particular responsibility by failing to adhere to the expected official conduct (Beever, 2009). Additionally, it must be proved that the negligent behavior of the accused was the primary cause of harming the plaintiff. Again, there should be verification that the plaintiff was damaged or hurt.
The negligence concept established under the English Law. According to Buckley, Buckley, and Buckley (2005), the common English Law had been holding people liable for the wrongful acts they did to others and negligence had not been established as an independent action cause until the eighteenth century. Another emerging significant concept during the era was the legal responsibility for failing to act. An individual accused of negligence is described as having departed from the expected behavior of a reasonably cautious person who operates under similar situations. The theoretical reasonable should provide an aim by which the conduct of other people is judged. While proving negligence, the accused party has the burden to certify that the accuser did not behave in a manner that a reasonable individual would have acted in the situation. The plaintiff has the right to demonstrate that the defendant infringed a statute which was established to safeguard against the injury inflicted on the accuser.
In the context, the complainant (Mark) was getting inside a bank whose floor was relatively slippery. The janitor who cleaned the surface had applied excessive wax on the bank’s floor. Unfortunately, ...