Organic matter serves as a reservoir of nutrients and water in the soil, aids in reducing compaction and surface crusting, and increases water infiltration into the soil. Yet it's often ignored and neglected.
Similarly, evidence of voluntary intoxication will not excuse conduct that is otherwise negligent. Although intoxication affects a person's judgment, voluntary intoxication will not excuse negligent conduct, because it is the person's conduct, not his or her mental condition, that determines negligence.
Cause in Fact. The negligent act must be the actual cause of the injuries. This is usually proven by the but-for test. But for the negligent conduct, there would be no injury or loss sustained by the other person.For example, but for the driver speeding, there would be no accident or injuries.reach of Duty. Negligence requires a breach of the duty to exercise due care. This occurs when a person actually knew that he was putting someone at risk or when a reasonable person in the same situation would have foreseen the risk to others.