Introduction to Private Security Essay
Negligence is the failure to exercise the care toward others which a reasonable or prudent person would do under certain circumstances or taking action which a reasonable person would not (http://legal-dictionary - Introduction to Private Security Essay introduction. thefreedictionary. com/negligence). Negligence also assesses the human choice to engage in harmful conduct as proper or improper. This is because choices are deemed improper only if they breach a preexisting obligation to avoid and repair carelessly inflicted harm to others. In some instances, a statute or other law may define specific duties, such as the duty of a person to rescue another.
Professionals, such as doctors and lawyers, are also required to uphold a standard of care expected in their profession. When a professional fails to uphold such a standard of care, the professional may be liable for malpractice (doctors are liable for medical malpractice and lawyers are liable for legal malpractice), which is based on the law of negligence. There are five elements of negligent liability; the first is Duty. This is the obligation of one person to another, this flows from millennia of social customs, philosophy and religion.
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While serving as the glue to society duty is the thread that binds humans to one another in a community. Duty also constrains and channels behavior in a socially responsible way before the fact, and it provides a basis for judging the propriety of behavior. The second element is Breach. This is the misconduct itself when the defendant’s improper act or omission which is normally referred to as the defendant’s breach of duty implies the preexistence of a standard of proper behavior to avoid imposing the undue risks of harm to other persons and their property. The third element is Cause in Fact.
This is most often described as the actual connection between a defendant’s negligence and the plaintiffs harm. An example of Cause in Fact is a driver who drives 15 miles over the speed limit in a residential neighborhood for about one mile. The driver then decides to slow down and drive the speed limit but within a few minutes he hits a pedestrian crossing the street. The Cause in Fact is that if the driver had obeyed the speed limit upon entering the residential area, he never would have been at that particular location as the pedestrian was crossing the street.
So if you could remove the conduct of speeding the injury or effect never would have occurred. The fourth element of negligent liability is the Proximate Cause. Although it is linked to Cause in Fact, it is a separate element unto itself. It is a doctrine that serves to limit a Tortfeasor’s responsibility to the consequences of risks viewed fairly as a rising from the wrong. Because it is always to be determined of the facts of each case upon mixed considerations of logic, common sense, justice, policy and precedent. Proximate Cause is an elusive butterfly that evades a net of rules (http://law. hofstra.
edu). Similar to the element of Duty, it provides a broad fairness cauldron into which many factual and legal issues are thrown and mixed together. So to simply state the difference between the two, Cause in Fact = the actual cause and Proximate Cause = the foreseeable cause. The fifth and final element is Harm. This is the damage a plaintiff suffers as a proximate result of the defendant’s breach of duty. This element requires a suspect to compensate the plaintiff for the harm improperly inflicted by the suspect is the underlying, restitutionary and deterrent objective of the negligent cause of action.