Negligence Case Study

Negligence:

According to Commercial Escrow Company v. Rockport Rebel, negligence is a “conduct, which falls below the standard established by law for the protection of others”. And in this case, Mechanics National Bank failed to remove the lien on Ms. Warren’s Lagoon Beach property, which means it, fell beneath the standard for civic protection recognized by law.
“Every one is responsible, not only for the result of his willful acts, but also for an injury occasioned to another by his want of ordinary care or skill in the management of his property or person, expect so far as the latter has, willfully or by want of ordinary care, brought the injury upon himself”(1714, subd. (a)).
To prove negligence, Ms. Warren must that National Bank is responsible for a damage resulting from their maladministration and failure to remove the lien on the property
Rockport Rebel, Inc., “a defendant owes a duty of care to all foreseeable plaintiffs.”
Also, “the defendant owes the plaintiff a duty to act with care in cases where voluntarily assumes the duty to act by promising to the plaintiff to behave in a certain way,” the defendant owes that plaintiff a duty to act with