Elements of Negligence Claims
Negligence suits have historically been analyzed in stages, called elements, similar to the analysis of crimes (see Element (criminal law)). An important concept related to elements is that if a plaintiff fails to prove any one element of his claim, he loses on the entire tort claim. For example, assume that a particular tort has five elements. Each element must be proven. If the plaintiff proves only four of the five elements, the plaintiff has not succeeded in making out his claim.
Common law jurisdictions may differ slightly in the exact classification of the elements of negligence, but the elements that must be established in every negligence case are: duty, breach, causation, and damages. Each is defined and explained in greater detail in the paragraphs below. Negligence can be conceived of as having just three elements - conduct, causation and damages. More often, it is said to have four (duty, breach, causation and pecuniary damages) or five (duty, breach, actual cause, proximate cause, and damages). Each would be correct, depending on how much specificity someone is seeking. "The broad agreement on the conceptual model", writes Professor Robertson of the University of Texas, "entails recognition that the five elements are best defined with care and kept separate. But in practice", he goes on to warn, "several varieties of confusion or conceptual mistakes have sometimes occurred."
Read more about this topic: Negligence
Famous quotes containing the words elements of, elements, negligence and/or claims:
“Kitsch is the daily art of our time, as the vase or the hymn was for earlier generations. For the sensibility it has that arbitrariness and importance which works take on when they are no longer noticeable elements of the environment. In America kitsch is Nature. The Rocky Mountains have resembled fake art for a century.”
—Harold Rosenberg (1906–1978)
“English general and singular terms, identity, quantification, and the whole bag of ontological tricks may be correlated with elements of the native language in any of various mutually incompatible ways, each compatible with all possible linguistic data, and none preferable to another save as favored by a rationalization of the native language that is simple and natural to us.”
—Willard Van Orman Quine (b. 1908)
“The negligence of Nature wide and wild,
Where, undisguised by mimic art, she spreads
Unbounded beauty to the roving eye.”
—James Thomson (1700–1748)
“Though an unpleasant sort of person, and even a queer threatener withal, yet, if one meets him, one must get along with him as one can; for his ignorance is extreme. And what under heaven indeed should such a phantasm as Death know, for all that the Appearance tacitly claims to be somebody that knows much?”
—Herman Melville (1819–1891)