Topic > Tort of Negligence Case Study - 1013

Conduct usually consists of actions, but may also consist of omissions when there is an obligation to act. The tort of negligence is the failure to exercise the standard of care that a reasonable person would exercise in a similar circumstance. Negligent conduct can consist of either an act or an omission to act when there is an obligation to do so. Four elements are necessary to establish a prima facie case of negligence. The existence of a legal obligation to exercise reasonable care, the failure to exercise reasonable care. Actual cause of physical damage due to negligent conduct; physical harm in the form of actual damage and proximate cause. Which shows that the damage is within the scope of liability. The two companies, Beatrice Foods and J. Riley Leather Company, breached that duty. The fact that they violated this duty led to many children falling ill and dying. The plaintiff suffered legally cognizable harm. Schlictmann was fortunate to demonstrate that the plaintiffs, including the residents of Woburn, had a right to clean drinking water. According to several government laws, drinking water should be sanitary. Both companies had a duty of care and not to illegally discharge toxic chemicals into any water source. Especially knowing that they could contaminate drinking