Law of tort Essay Example | Topics and Well Written Essays - 750 words

Law of tort - Essay Example Amy was likely to have a tort of negligence against Bob. This is the omission to do something that a reasonable person guided by considerations that regulate ordinarily, the conduct of human affairs would do or not do. In this case, to succeed in the action of negligence, Amy should be able to prove; a legal duty of care, that the defendant was in breach of the legal duty and that the act of breach led to the suffering of the damages. With regards to the duty of care, Amy will have to prove that Bob owed her the duty of care. Applying the rule of Atkins where the rule that you have to love your neighbor becomes in the law that you must not injure your neighbor. Arguing along this line, Bob's neighbor was Amy and because of Bob's careless driving, he ended up injuring Amy (Heather, 2004). On the other hand, it can be possible that there was a breach of duty when Bob carelessly drove his care leading to the injury of Amy. This is something he could have avoided by simple standard care required when driving. Finally, since negligence is not actionable, Amy should prove that the injury sustained was due to breach as a result of Bob's carelessness. Before the accident, Amy was physically well, however, because of the accident, Amy sustained injuries. This enough proof of the negligence. The state that has the jurisdiction over the case is Colorado, however, Washington may also claim the same. Jurisdiction may be defined as the power of the court to make a decision on a case that will be enforceable by the authorities as well as other courts.