Dictionary

  • Negligence

    The tort of causing damage unintentionally but carelessly. Liability for negligence is determined mainly by a test of reasonable foreseeability which depends on three conditions (1) the existence of a duty of care (i.e. a legal obligation to avoid causing harm to another person, which only arises where it is reasonably foreseeable that in a particular situation that other person would be harmed by one’s action without the exercise of reasonable care), (2) a breach of the duty of care (i.e. failure to take reasonable meaasures to avoid the reasoably foreseeable risks), and (3) the requirement that the damage caused was not too remote (i.e. that the harmful consequences were themselves reasonably foreseeable).

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