商科论文代写

代写论文:损害赔偿措施

代写论文:损害赔偿措施

有关的举证标准
疏忽的主要思想是负责工作的人需要合理的照顾,有责任不对个人或顾客造成伤害。为了证明被告是疏忽大意,重要的是,所有的疏忽因素都被证明已经造成了损害(Blum,2007)。
需要证明的行动元素
要求五方证明被告人有罪,需要支付赔偿金。五要素有责任关怀,违背责任;事实上,最近的原因和损害(Buckley和Orekant,2003)。所有这五个要素在这种情况下都得到了证明,并将进一步讨论。
损害的措施
这些损害赔偿措施是在赔偿责任过失得到证实时出现的,是基于赔偿原则和索赔人如何面对经济损失并需要得到赔偿(Conroy和Peterson,2013年)。因果关系提到,如果由于疏忽而造成的损害不可能发生,而且是由于造成损害的原因,而且在没有发生损失的情况下是正常的。
需要证明和法律要求的要素
现在将讨论这五个要素,以便说明它是如何影响原告并造成损害的。
照顾的责任:
这是被告对原告的义务,没有履行。当被告与原告的关系被证明时,这个责任就产生了。在目前的情况下,斯科特和马特有关系,这可以由法庭证明。 Corrin(2001)评论说,根据2005年就业法中提到的第12C条,如果证明这种关系被证明是被告和原告之间关系的一部分。马特有责任告诉斯科特船上的重量问题,只有两名乘客被允许在船上。

代写论文:损害赔偿措施

Relevant standard of proof
Main idea of negligence is about the reasonable care that needs to be exercised by the people who are in charge of the job and they have the responsibility not to present harm to the individual or customers. In order to prove that the defendant was negligent it is important that all elements of negligence are proved that have caused the damage (Blum, 2007).
Elements of action requiring proof
Five elements are required by the party to proof that defendant is guilty and needs have pay the damages. The five elements are duty to care, breach of duty; cause in fact, proximate cause and damage (Buckley and Orekant, 2003). All these five elements are proved in this case and will be discussed further.
Measures of the damage
These measures of damages are present when the liability n negligence is proved and it is based on the principle regarding compensation and how claimant has faced financial loss and needs to be compensated (Conroy and Peterson, 2013). Causation mentions that if the harm could not have been occurred with the negligence of the negligence and it is because of the cause of harm and when the loss would not have been occurred then it is normal.
Elements requiring proof and legal requirements
The five elements will now be discussed in order to mention how it has impacted on the plaintiff and caused damages.
Duty of care:
This is the duty of care that was owed by the defendant to the plaintiff and was not fulfilled. This duty arises when relationship between defendant and plaintiff is proved. In the present case Scott and Matt have a relationship and this can be proved by the court. Corrin (2001) commented that according to section 12C mentioned in the Employment law of 2005 if this relationship is proved element of duty of care is proved between the defendant and plaintiff. Matt had the responsibility of telling Scott about weight issues in the boat and only two passengers are allowed in the boat.