Negligence breach of duty essay

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Negligence breach of duty essay

Over the years, there has been much discussion on the meaning of these concepts. The precise definition of criminal responsibility varies from place to place but, in general, to be responsible for a criminal act implies the perpetrator must understand what they are doing and that it is wrong.

This concept like most concepts operational in the Nigerian legal system today was derived from the English legal system which was predicated on common law rules and the Rules of Equity.

This signifies that despite the fact that some doctrine importation has been made from the English law into the Nigerian legal system, there are some significant discrepancies between the two legal systems.

But it was in the later case of R v. In recognizing the place of criminal responsibility and the defense of insanity under the Nigerian legal system, S. On the other hand, most judges do not know what to look out for when such defense is claimed.

It has been observed that most persons who commit crime do so in all mental knowledge of their actions and when they are apprehended, they hide behind the veil of mental disorder or the influence of alcohol in order to escape the Justice of the law.

Consequently, insanity defense fail to nail the culprits, thereby, letting them back into the society to cause great havoc. Objectives of the Study This long essay is a very elaborate and important one which seeks to achieve the following: Research Question This long essay seeks to answer the following question: Scope of the Study The geographical scope of this study will be mainly the country Nigeria.

But the jurisdiction of some other countries such as Britain, America and Canada will be looked into to see the similarities and differences of the application of these concepts between their jurisdiction and that of Nigeria.

Negligence breach of duty essay

In terms of the subject matter of the long essay, the scope shall basically concern the concept of criminal responsibility and the defense of insanity in the Nigerian jurisdiction. However, the research on these concepts cannot be treated in isolation; therefore, references may be made of other aspects of law from time to time to drive home our point.

Significance of the Study The analysis and critical of the concepts in this long essay will go a long way to bring to the fore the fundamentality of the knowledge of the concept in our legal system.

Secondly, this study will give a great insight on what to look out for in suits bothering on criminal responsibility and the defense of insanity.

Thirdly, this study will go a long way in helping in the detection of crime and good administration of justice under the Nigerian legal system. Limitation of the Study Though this work is essential for scholarly and degree awarding purpose, the success of this work will be greatly hampered by a number of factors.

Firstly, funding will be a problem due to the high cost of living experienced in the Nigerian economy today. This is because the cost of gathering the sources of this work from the library and other locations is high financially speaking.

Not only that, much fund will be needed to access the internet for relevant materials and possibly download same, and these will definitely be a problem. Also, it will cost much money to type and print the work. Secondly, there is not enough time for the writing of this long essay.

The unavailability of time will pose a big problem in the proper analysis and completion of this long essay as everything will be done hurriedly to meet up with the deadline of submission.

Thirdly, the semester work currently going on along with the witting of this long essay is also another big problem.Negligence, duty and Breach of Duty. To constitute a legal action against some one’s negligence, several requirements to be fulfilled.

To constitute a legal action against some one’s negligence, several requirements to be fulfilled. The concept of duty of care in negligence has developed in a manner that ensures both the claimant and defendants are fairly treated.

To achieve this objective, the essay is organised into three parts. The introduction lays down the paper's general outline. Then the tort negligence is followed, and then the element of the duty of care respectively.

Harm refers to the need to prove that harm has been sustained as a result of the breach of duty.

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Causation is speaking of needing to show a causal link between n the breach of duty and the harm suffered by the patient (Cornock, ). Malpractice is sometimes referred to a . Criminal Responsibility – The concepts “criminal responsibility” and the “Defense of Insanity” are very peculiar and important concepts in every legal system inclusive of the Nigerian legal system.

Over the years, there has been much discussion on the meaning of these concepts. To order the Complete Project Material, Pay thr Sum of N3, to.

Negligence breach of duty essay

Explain and apply the principles of duty of care, breach of duty, causation, and any possible defences in relation to the following potential negligence claims: A claim by Chris against "Pukiepies" for personal injury (ignore any statutory provisions relating to defective products).

The breach of a legal duty Negligence may be defined as ‘the breach of a legal duty to take care that results in damage undesired by the defendant to the claimant'. Negligence is an independent tort, which was established by Donoghue v Stevenson.

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