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Explain the criteria needed for a successful negligence action.
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| Submitted: Mon Jun 19 2006
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Civil Litigation: Negligence Explain the criteria needed for a successful negligence action. Negligence in law is a tort, which is a civil wrong and is one of the most important torts in modern law. Negligence is concerned with the breach of a legal duty to take care with the result that damage is suffered to the claimant. The tort of negligence is concerned with compensating persons who have suffered damage, whether it is personal injury or damage to their property, as a result of the carelessness of others, but there must be a legal duty of care owed by that other towards the person who has suffered damage as a result of their carelessness. There are three elements that must be fulfilled in order for a claim of negligence to be successful. They are: 1) Duty of care 2) Breach of duty 3) Resultant loss or damage The law of negligence as a tort as we...
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