Buisiness law

What must a plaintiff, in a negligence case, prove and establish in order to recover? What are whatsoever of the common defenses available to defendants in negligence suits? Provide an example of a negligence case with one of the common defenses. Negligence is a mode of committing received torts like negligently or carelessly committing trespass, nuisance or defamation. It pile be defined as the conduct which creates a risk of causing damage, kinda than a state of mind. In an action for negligence and recover the plaintiff has to prove the following essentials.That the defendant owed duty of care to the plaintiff 2. The defendant do a breach of that duty . Plaintiff suffered damage as a consequence thereof. But it is to be remembered that the burden of proof of negligence always lies on the plaintiff. (Res Ipsa Loquitur) The defendants can plead defenses to reduce or eliminate his liability. Such defenses are contributory negligence, relative negligence, and assumption of risk. In contributory negligence the negligence of the plaintiff is also contributing cause of her injury and is barred from recovering from a negligent defendant.In Harris Vs Toronto Transit Commission (1968) the Supreme Court Canada held that if a boy school term in a bus projected his arm outside the bus in spite of warning and is injured, he is guilty of contributory negligence. A comparative negligence is a type of partial defense in which there is a reduce in the amount of damages that a plaintiff can recover in a negligence-based claim based upon the degree to which the plaintiffs own negligence contributed to cause the damages.The assumption of risk denotes that the plaintiff himself knew that his activity was dangerous and and so bears all responsibility for any injury that resulted. ************************************************ References 1. Elliott, Catherine and Quinn, Frances Tort Law publ. by Longman 5 editions ISBN-13 978-1405807111, 2005 2. Miller, LeRoy, Roger and J entz, Gaylord Business Law Today The Essentials, Publisher South-Western College/West 8th edition, ISBN-13 978-0324654547, family 26, 2007,