Negligence Analysis
Negligence is the most common tort action in civil law. The elements required to establish negligence are duty, breach, causation, and damages. In this course, these elements comprise the negligence framework. Applying this framework to the facts of a case is complex and may be hard to prove in court. Any negligence case will rely heavily on the facts of the case, so attention to detail is crucial in proving each element. Failing to prove the aforementioned elements will result in a "not guilty" verdict. Failing to prove the damages element may result in a "guilty" verdict, but no remedy. By understanding the negligence framework, a public administrator can mitigate potential negligence claims against his or her organization.
To prepare for this assignment:
Review Chapter 7 in The Study of Law: A Critical Thinking Approach (4th ed.). Focus on Section B, "Negligence." Specifically, review the framework for the tort of negligence (i.e., duty, breach, causation, damages), also referred to as the elements of negligence. Read the case studies to see how a court applied that framework to a fact pattern.
Review the resource "Tort-Based Fact Pattern." Consider how you could apply a negligence framework to the facts of that case.
Think about how each element of negligence is or is not present in the fact pattern.
The Assignment (2-3 pages):
Apply the negligence framework to the fact pattern "Tort-Based Fact Pattern."
Explain how each of the elements of negligence is or is not present. Support your answer by referencing facts from the fact pattern.
Support your Application Assignment with specific references to all resources used in its preparation. You are asked to provide a reference list for all resources, including those in the Learning Resources for this course.