The Hunter The Elephant And Tort Law

802 words - 4 pages

Decisions, decisions, our lives are made up of them. From deciding to pay for a passing a red light ticket to deciding to stop at a yellow light for once. We can attest that good or bad, there will always be corresponding consequences for our actions. In our modern society the hunter’s acts could be considered negligence. In the story “The Hunter and The Elephant,” the hunter’s negligence led him to experience a destruction of everything that he had. According to Business Law Today in order for someone to be considered negligent four requirements need to be satisfied: duty, breach, causation, and damages (Leroy 115-118).
First, the defending party must owe a duty of care to the other party. It is evident that our hunter has a family at his home in America to which the hunter must care and is ultimately responsible for. That being said, this establishes that there is a duty of care literally to his family or, to use business context, there is a duty to his client or even his partners. The hunter’s ambition and desire lead him to recklessly pursue an elephant which can be interpreted as a foreign desire to our hunter’s native home and interpret the elephant’s size as the hunter’s desire for large quantities since he completely walked passed a purple cow and trampled black orchids. The story mentions that the hunter is already the owner of many animals which for our purposes we can consider property or assets to his trade (Thurber 27). It is common place in the business world that rationale must be used when making decisions as opposed to emotion and desire in order to avoid being negligent.
Secondly the established duty of care must be breached by the defendants’ actions. During his quest the hunter "would trample black orchids" and went "to the far corner of the earth" to meet his desires (Thurber 27). These reasons only support the fact that when the hunter arrived at home he noticed that "his farm was no real place for an elephant" (Thurber 27). At this point the hunter recognized a potential problem. He could have thought it through and reconciled with a more positive approach such as getting rid of the elephant. This would be considered an assumption of risk, and he knowingly continued with his actions by keeping the elephant. That being...

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