| Part of the common law series |
| Tort law |
|---|
| (Outline) |
| Trespass to the person |
| Property torts |
| Dignitary torts |
| Negligent torts |
| Principles of negligence |
| Strict and absolute liability |
| Nuisance |
| Economic torts |
|
| Defences |
| Liability |
| Remedies |
| Other topics in tort law |
|
| By jurisdiction |
| Other common law areas |
Negligence (Lat. negligentia)[1] is a failure to exercise appropriate care expected to be exercised in similar circumstances.[2]
Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a negligent act or failure to act. The concept of negligence is linked to the obligation of individuals to exercise reasonable care in their actions and to consider foreseeable harm that their conduct might cause to other people or property.[3] The elements of a negligence claim include the duty to act or refrain from action, breach of that duty, actual and proximate cause of harm, and damages. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss.[4]
- ^ "Negligence". Oxford Living Dictionaries. Oxford University Press. Archived from the original on 6 August 2017. Retrieved 24 July 2017.
- ^ "Negligence". Britannica English. Merriam Webster. Retrieved 12 June 2011.
- ^ Feinman, Jay (2010). Law 101. New York: Oxford University Press. ISBN 978-0-19-539513-6.
- ^ Deakin, Simon F.; Markesinis, B.S.; Johnston, Angus C. (2003). Markesinis and Deakin's Tort Law (5 ed.). Oxford University Press. p. 218. ISBN 9780199257119.