Dq Week 2

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DQ1 week 2
There are five Elements of Negligence. They are; Duty, Breach of duty, Cause in fact, proximate (legal) cause, and Actual damages.
An intentional tort is one where the tortfeasor was willful in bringing about a particular event that caused harm to another party. Negligence is an accidental (without willful intent) event that caused harm to another party. The difference between the two is the mind-set and intent of the tortfeasor.
I will describe an example of negligence and an intentional tort. I was at the swimming pool with some of my friends and one of them accidentally spilled a small amount of baby oil on the deck area next to the pool. I didn’t see the spill until I stepped into it and went skidding about three feet across the deck. Luckily, I didn’t get hurt, but my friends all laughed about it and said I had a really scared look on my face. Now this incident was clearly a result of negligence. The next part of the story is more disturbing. My friends thought it would be even funnier to get two more bottles of baby oil and pour them all over the deck and video record people unknowingly walking across the slippery deck, and all in the hopes of getting a laugh watching someone slip and fall. I cringed but didn’t say anything as the first victim walked right into the trap. This was a pretty big guy, so when he slipped, he went down hard. I’m pretty sure that at one point his feet were actually higher than his head. He landed with a loud thud, but got up and walked away rubbing his shoulder where he landed on it. Now this was nothing less than an intentional tort.
Strict liability applies to the practice of accounting in that an accountant may be held liable for an act regardless of intent or willfulness. Typically the notion of strict liability applies to cases of defective products and abnormally dangerous activities. One might think that the only…...

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