Thursday, December 30, 2010

Learn the difference between the liability and negligence

ArticleLiabilty, represented by the user and negligence may be very complicated legal theories. Every situation is different and affected by the law or the case-law could be. This is only a general description and for legal advice. As always, consult a legal advisor in advice.Difficulty: ModerateInstructions1There are four fundamental prerequisites for the legal liability that is set up. 1 Inch owed2. Obligation breached3. Damages4. Immediate Cause2Negligence is determined with the first two elements of the legal commitment liability due and missed duty. Therefore it is possible that someone neglect and accepts no legal liability. 3For examples, the day is a drunk driver during a stop at a full stop sign in the light and rear ended with another driver. The other driver was wounded and two cars sustain damage. The drunken driver has that duty, not drive while intoxicated and has failed to comply with this obligation. He is therefore guilty of negligent. However, were its actions the immediate cause of the accident? The other driver errors for a stationary object to stop (the finished vehicle) is the cause of the accident and the resulting damage. The obligation to maintain a safe speed and lookout has the other riders stop all stationary object. The other riders could not to comply with this obligation and his or her actions were the immediate cause of the accident. Therefore, although the drunken driver of negligent was guilty, the responsible party is the other riders.

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