Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Introduction to negligence
Introduction to negligence
Introduction to negligence
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Introduction to negligence
Decisions, decisions, our lives are made up of them. From deciding to pay for a passing a red light ticket to deciding to stop at a yellow light for once. We can attest that good or bad, there will always be corresponding consequences for our actions. In our modern society the hunter’s acts could be considered negligence. In the story “The Hunter and The Elephant,” the hunter’s negligence led him to experience a destruction of everything that he had. According to Business Law Today in order for someone to be considered negligent four requirements need to be satisfied: duty, breach, causation, and damages (Leroy 115-118).
First, the defending party must owe a duty of care to the other party. It is evident that our hunter has a family at his home in America to which the hunter must care and is ultimately responsible for. That being said, this establishes that there is a duty of care literally to his family or, to use business context, there is a duty to his client or even his partners. The hunter’s ambition and desire lead him to recklessly pursue an elephant which can be interpreted as a foreign desire to our hunter’s native home and interpret the elephant’s size as the hunter’s desire for large quantities since he completely walked passed a purple cow and trampled black orchids. The story mentions that the hunter is already the owner of many animals which for our purposes we can consider property or assets to his trade (Thurber 27). It is common place in the business world that rationale must be used when making decisions as opposed to emotion and desire in order to avoid being negligent.
Secondly the established duty of care must be breached by the defendants’ actions. During his quest the hunter "would trample black orchids" ...
... middle of paper ...
... left his board" (Thurber 27). Everything he owned was left in ruins. These damages were too extreme for even his family to bear.
Ultimately, we can factually conclude that the hunter is guilty of negligence. He owed a duty of care to himself and to his family. He breached this duty by pursuing wrongful actions. His actions were the direct and only cause for the damages, and lastly the damages sustained were recognizable. Therefore you should always be sure to maintain your duty of care to avoid the ripple effect that leads to negligence.
Works Cited
Miller, Roger LeRoy., and Gaylord A. Jentz. "Chapter 4 Torts and Cyber Torts." Business Law Today: The Essentials. Mason, OH: South-Western, 2013. 115-118. Print.
Thurber, James. "The Hunter and the Elephant." Fables for Our Time and Famous Poems Illustrated. New York: Harper & Row Publishers, 1997. 27. Print.
When a Minnesota dentist killed a prized African lion named "Cecil" he received an onslaught of criticism and reignited the debate concerning big game hunting. Is big game hunting wrong? Should big game hunting continue? Big game hunting has been a very controversial topic for some time and these types of questions are being asked daily. There are a lot of people for it and a lot of people against it. This issue causes a lot of extreme behaviors and ideas by both sides. Those who oppose it believe it to be morally wrong, unfair to the animals and damaging to the environment. Those individuals for it believe that it is the citizens' rights and a way to be involved in the environment. Hunting is the law and shall not be infringed upon. In defense of the hunters' I believe that there are five main issues of concern.
It was found in the respondents submissions that a duty of care was necessary. The issue of negligence he believed was unsustainable as the risks were minimal and it was not unusual to take one’s eyes off the road. Causation was not satisfied as the judge concluded that the respondent would not have had enough time in any circumstance to avoid a collision with the cow.
In the Forensic case #356228, the skeletal remains found in January 2009 in a deer hunting area were those of a black male greater than the age of 45. The jury felt based upon the evidence provided that the skeletal remains found were that of Robert Rutherford and the accused, John O’Hara was guilty as charged. The incidence was speculated to have happened around four years ago, when the defendant and the victim were in a quarrel over the hunting area. Due to the fact that John O’Hara went to confession more in February 2009, indicated that he had a guilty conscience. John O’Hara was known for hunting in the area and based on the evidence provided the jury speculated that he shot Robert Rutherford possibly from his deer stand, resulting in his death.
The first component of the four D’s of negligence is duty. The dentist owed a duty of care to every one of his patients. Duty of care is a legal obligation a health care worker, in this case, the dentist, owes to their patient and, at times,...
The appellant, Jesse Mamo, was a passenger in a vehicle driven by the respondent, Steven Surace. Whilst the respondent looked down to adjust the radio, a cow wandered on to the road, colliding with the vehicle . The appellant alleged that the respondent failed to use high beam or maintain a proper lookout. The respondent denied liability and pleaded contributory negligence. At trial, the Judge held that breach of duty of care had not transpired, as it was an unforeseeable risk causing an unavoidable accident, as the cow appeared too close to react. The Judge argued that the respondent acted appropriately toward ‘foreseeable risks”, which the cow was not part of.
Facing hardships, problems, or obstacles shouldn’t discourage one from completing their task or job. Many of authors usually put their characters through tough complications to show the reader that no matter what happens; anyone could pull through. In the short story, “The Most Dangerous Game” by Richard Connel, the main character Mr. Rainsford gets stranded on an eerie island with a bad reputation. He meets General Zaroff and gets thrown into a huge hunting game, where his life is on the line. In the end, he wins the game and will continue to hunt animals, but not people, as the general once did. He will continue to hunt because one, hunting means everything to him. Two, he will not continue the general’s crazy ways, and resort back to the legal and non-dangerous to other humans sport. Third, he feels powerful when he becomes the hunter and not the hunted. Giving up hunting would be like giving up his life, so just because of a minor block he had to overcome, he will not give up hunting.
“may prosecute with earnestness and vigor-indeed, he should do so. But while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one” (as cited in Neubauer & Fradella, 2014, p. 150).
He felt ashamed because his entire purpose for shooting the elephant was to avoid scrutiny by those who were not fond of him anyway. The author’s need for validation overruled his greater nature. This caused me to ponder the entire decision making process. Why do we make the decisions we make and do we always take into consideration how we will feel afterwards? The same concept applies to the things we say when we are in arguments. Morally, we are aware that we should not say certain things because they will harm the other person however, we choose to say them anyway in an attempt to preserve our own egos. This basically entails that the battle is not between what is right and what is wrong but what we know is wrong and whether or not we should complete the action anyway. This journal assignment in particular providing a chance for me to single out one article that I remembered despite all of the other journal entries we have completed. This indicated that this particular essay was particularly interesting and enabled me to actually think outside of the box when breaking down stories and understanding
Explain and analyse the common law tests used by the judiciary to determine liability under the tort of negligence for the following two types of injury claim:
For example, a very recent event of the illegal killing of the lion, Cecil, gained colossal attention throughout social media and the news. However, Cecil’s death also brings up the question of whether trophy hunting is safe after all. Walter Palmer, the killer of Cecil, had purchased a hunting permit for 55,000 dollars; yet, he is put in trial for hunting a lion. Cecil was a protected animal and a local favorite. Palmer claims, however, that he had no knowledge of that prior to his hunt and blames the guides for not notifying him about Cecil (independent.co.uk). The “Cecil case” can lead to a very long, heated discussion, but the main takeaway from this is that trophy hunting can never be 100 percent safe. Although, most trophy hunters believe that they are helping with conservation, they might be doing more harm than good. For
Specifically, he is forced to choose whether or not he should kill an animal that he “was not obliged to kill”.
Those of us who enjoy the pursuit of dangerous game spend an extraordinary amount of time focusing on the gear we use; it has to perform flawlessly, as our very lives depend upon it. I’m not the kind of hunter who holds one form of hunting above another, as though dangerous game is somehow superior to other game animals, but I do know if my deer rifle malfunctions, odds are my life won’t be in danger. The same cannot be said for the truly dangerous game animals.
Elephants'." Studies in Short Fiction. 17.1 (Winter 1980): 75-77. Rpt. in Literature Resource Center. Detroit: Gale, 75-77. Literature Resource Center. Gale.
Orwell, George. “Shooting an Elephant.” The Brief Arlington Reader. Ed. Nancy Perry. Boston: Bedford/St. Martin’s, 2004. 334-339.
The short story can be divided into two parts. In the first two paragraphs the narrator introduces himself and talks about his life and experience in working as a “sub-divisional police officer” in the town of Moulmein in Lower Burma. He also talks about his ambiguous attitude towards the Burmese people who ridicule and mock him because of anti-European feelings and towards the British Empire whose “dirty work” he now has to witness in his job. In the second part of the short story the narrator tells the readers about a specific incident, already indicated in the title of the story, which gave him a better understanding of imperialism and the way it works. One day in his service as an imperial police officer he is asked to stop an outraged elephant from ravaging the town and attacking the people. He takes along a rifle just in case he needs protection from the wild animal and starts on his way to find the elephant and see for himself what is happening. When a man is killed by the outraged elephant and the Burmese people follow the police officer on his way to the elephant he realizes that the Burmese expect him to shoot the elephant. He knows it would not be right to kill the animal because of its worth and because it has started to calm down and would be the tame, harmless animal it is used to be. But under the pressure of the crowd the police man does not see leaving the elephant alive as an option...