Love. Negligent Tort Coursework Example | Topics and Well Written Essays - 500 words

Love. Negligent Tort - Coursework Example There must have been a duty of care owed by the defendant to the plaintiff, the duty of care must have been breached, the breach must have resulted into a loss, and the immediate loss must have been attributable to the actions of the defendant (Miller and Gentz, 2009). Duty of care refers to a person’s obligation to refrain from causing harm to other members of the society and from infringing other people’s rights. The principle of duty of care therefore establishes fundamentals of peaceful coexistence in the society. The measure of degree of duty of care in the law of negligent tort is measured by the standard of a normally rational person. Further, determination of the duty of care relies on the capacity of the defendant. There are however certain exemptions to a person’s duty of care to other parties. Foreseeable risks and contributory negligence for instance reduces a defendant’s liability to exercise a duty of care to another person (Miller and Gentz, 2009). Negligent tort is further defined by failure to exercise a person’s duty of care to others. The breach of duty of care is also defined by normal standards of the defendant and the environment. A professional medical practitioner is for example more liable for breach of duty of care to a patient than an ordinary citizen under the same conditions is. The breach of duty of care must subsequently be supported by a resultant legal damage. The term legal damage means that the injury that is suffered by the plaintiff must be actionable before a legal system. This is because some losses may not be legally recognized (Miller and Gentz, 2009). The final element of a negligent tort is the proximate causation. This element defines the relationship between the damage suffered and the actions of the defendant. Negligent tort can only be instituted if the damage suffered by the plaintiff is attributable to the defendant’s breach of duty of care (Ramlogan, Persadie and

War in Iraq Essay Example | Topics and Well Written Essays - 1000 words - 1

War in Iraq - Essay Example Earlier this year, President Bush rejected a war funding bill offered by the Democratic-controlled Congress because it mandated a partial troop withdrawal beginning in October 2007, and continuing until all U.S. military personnel in Iraq were back home by April 2008. Bush responded with a veto stating that deadlines for troop withdrawals would be â€Å"irresponsible.† The Congress soon acquiesced and approved an Iraq spending bill with ‘no strings attached.’ Even congressional Democrats who are bitterly opposed to the war acknowledged that quickly withdrawing from Iraq would irreparably damage America’s long-held image of strength. This eventuality would be a political coup for Al Qaeda, as well as other terrorist groups, who could then credibly claim that the U.S. cannot back up its rhetoric with successful actions. CNN terrorism analyst Peter Bergen echoed the sentiments of the Bush administration by saying Iraq must not be another base of operations for Al Qaeda, that this would make this well-financed and growing terrorist organization much larger than ever. Leaving, in essence, would allow terrorism to become a much larger threat to the U.S. and western nations. Iraq’s neighbor Iran and Al Qaeda are predominantly Sunni Muslims. If the U.S. were to leave, the entire country would be ‘up for grabs’ dividing into Sunni, Shiite and Kurdish regions. Militant Sunni groups would control certain areas and would quickly establish training bases and encampments from which to launch terrorist’s actions worldwide.