How is 'negligence' defined?

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Negligence is defined as the failure to exercise reasonable care, which results in damage or injury to another person. This definition captures the essence of negligence law, which is primarily concerned with the actions (or inactions) of individuals that can lead to unintended harm. It requires that the defendant owed a duty of care to the plaintiff and that this duty was breached due to not taking reasonable precautions.

In negligence cases, the focus is on whether the behavior of the accused party was reasonable, given the circumstances, and whether that behavior was the proximate cause of the harm suffered by the plaintiff. This contrasts with intentional torts, where harm is deliberately inflicted, or with concepts such as contractual obligations, where discussions are centered around breach of contract rather than duty of care. Therefore, the definition accurately encapsulates the legal standard and the fundamental principles involved in negligence claims.

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