Negligence And The Price You Have To Pay
- Date: 2007-06-29 - Word Count: 475
Share This!
Often in life we experience a situation where in spite of mustering all the care possible in a given situation still an injury is caused. This maybe due to circumstances which we did not perceive would occur, or it may be brought about by the negligence of another party, which could not have been avoided in such a situation.
How is negligence perceived and how is it different from a crime? Negligence is actually an act of another which caused an injury to himself or to another person because of the lack of proper care necessary under the prevailing circumstances of place and time. Usually it is viewed as not deliberate, not premeditated, hence there is really no intent to produce such grave an injury. Yet because of the lack of care an injury and damage was actually produced.
How then can it be distinguished from a crime? A crime on the other hand is an act or omission of another that would actually run counter to a right afforded to an individual, and is punishable by law. A crime is in fact a deliberate attempt of the person doing it to cause harm or injury to another, or to deprive another of a right which he is properly eligible to have. Since a crime necessitates a deliberate intent to cause an injury it is usually penalized with imprisonment or the taking of a person's liberty, at the most even his life. It is a perverted act defying the norms of the society and the rule of conduct set forth by our laws.
A negligence causing an injury, and a crime causing the same is distinguished in the following manner: First, the former has been brought about because of the lack of skill or foresight of the person responsible for it, or the failure to exercise the care necessary under the prevailing situation; the latter on the other hand is caused because of the accuser's deliberate intent to do the punishable act. Another distinction is that, negligence of an individual is not punishable by imprisonment, usually a restitution is made by the payment of the damages caused, whether actual and/or includes pain and suffering to the victim, a crime on the other hand, is punishable by taking away the liberty of an individual, or at the extremes even the life of the person who caused the same.
Finally, the quantum of evidence required to prove the negligence of a party is lesser as opposed of one accused of a crime. Mere preponderance of evidence would render a negligent individual liable to pay damages, on the other hand, a person may only be convicted for the commission of a crime if evidence presented would prove beyond reasonable doubt that the accused committed the crime, if the same cannot be had then he must as a rule be acquitted.
How is negligence perceived and how is it different from a crime? Negligence is actually an act of another which caused an injury to himself or to another person because of the lack of proper care necessary under the prevailing circumstances of place and time. Usually it is viewed as not deliberate, not premeditated, hence there is really no intent to produce such grave an injury. Yet because of the lack of care an injury and damage was actually produced.
How then can it be distinguished from a crime? A crime on the other hand is an act or omission of another that would actually run counter to a right afforded to an individual, and is punishable by law. A crime is in fact a deliberate attempt of the person doing it to cause harm or injury to another, or to deprive another of a right which he is properly eligible to have. Since a crime necessitates a deliberate intent to cause an injury it is usually penalized with imprisonment or the taking of a person's liberty, at the most even his life. It is a perverted act defying the norms of the society and the rule of conduct set forth by our laws.
A negligence causing an injury, and a crime causing the same is distinguished in the following manner: First, the former has been brought about because of the lack of skill or foresight of the person responsible for it, or the failure to exercise the care necessary under the prevailing situation; the latter on the other hand is caused because of the accuser's deliberate intent to do the punishable act. Another distinction is that, negligence of an individual is not punishable by imprisonment, usually a restitution is made by the payment of the damages caused, whether actual and/or includes pain and suffering to the victim, a crime on the other hand, is punishable by taking away the liberty of an individual, or at the extremes even the life of the person who caused the same.
Finally, the quantum of evidence required to prove the negligence of a party is lesser as opposed of one accused of a crime. Mere preponderance of evidence would render a negligent individual liable to pay damages, on the other hand, a person may only be convicted for the commission of a crime if evidence presented would prove beyond reasonable doubt that the accused committed the crime, if the same cannot be had then he must as a rule be acquitted.
Related Tags: personal injury, negligence, general negligence
For more information about General Negligence visit www.mesrianilaw.com Your Article Search Directory : Find in Articles
Recent articles in this category:
- Metal Detector Can Save Lives
Wars and unexpected accidents have been one of the many issues that have been unavoidable in the liv - Discover How Pool Float Toys Affect Your Summer Vacation
Hot. This is a perfect description what summer is. It is a feel-good time for families to enjoy a nu - Luxury Watch For Your Loved Ones and Yourself
Whether it's a birthday celebration, anniversary, Christmas or even just an ordinary day receiving g - Why Purchase Swiss Army Watches?
Wearing a wristwatch or having a pocket watch is a very important accessory of a person because it t - Personalized Groomsmen Gifts : Engraved Groomsmen Mugs
Giving something personalized for your groomsmen is a wonderful idea to let your friends feel that t - A Few Helpful Baby Shower Tips
Baby showers are wonderful occasions that usually create lasting memory for both expectant parents a - Discount Groomsmen Gifts That You Can Purchase Online
Weddings are special and memorable occasions that should be planned well, and one of the most vital - How to Wear a Knee Boot
A lot of women today are trying to integrate a knee boot into their fashion style because they are a - Wearing a Knee Boot
A knee boot is definitely something you should be investing on most especially during the cold seaso - Finding Cheap Skis
If you are a fan of various water sports, you are probably one of those people who have been in the
Most viewed articles in this category:
- Capitalism Under Attack: Petrodollars, Petroeuros and the Iranian Oil Bourse
"This notion that the United States is getting ready to attack Iran is simply ridiculous [...]. Havi - One Percenters
Hells Angels Inc is the most successful enterprise of its kind in Canada.In 2000 they moved into Ont - Monogamy: Is She My One and Only?
Copyright © 2007 Susan Adams After decades of matchmaking experience, years of being active in - The Best Of Oprah's Favorite Things
Oprah's annual Favorite Things show has been causing a frenzy with fans for the past six years. But - Researching British Soldiers Who Served in the 1914-18 Great War
At In the footsteps BATTLEFIELD TOURS we occasionally receive enquiries about how to trace the recor - Reefer Madness Replaced by Hydro Hysteria
In the 20's there was Reefer Madness, now we have the 21st century version; Hydro Hysteria. Mari - How Can Society Stop Sexual Predators
Perhaps society holds the lowest regard of all for sex predators, those evil men who prey on that wh - Making Communication Work For Your Relationship
Brooke said to Gary, "In our entire relationship, I've gone above and beyond for you … for us. I co - How To Attract And Seduce Women Using The 'Unmask Method'
When it comes to meeting, attracting and seducing women, most guys don't know where to start. But th - How to Keep Your Man Feeling Lucky and Happy
Your Good Man hopes that you will remain the loving, beautiful, feminine, kind, sexy American Geisha