Which of the following best describes negligence?

Prepare for the Torts Bar Exam with an interactive quiz. Utilize comprehensive flashcards and diverse questions, each paired with hints and detailed explanations. Master your understanding and ensure success!

Negligence is best described as the failure to act with reasonable care leading to harm. This definition encompasses the essence of negligence, which hinges on a breach of the duty of care that a person owes to others. In a negligence claim, the plaintiff must demonstrate that the defendant had a legal obligation to act in a certain way (the standard of care) and that their failure to meet this standard resulted in injury or damage to the plaintiff.

This concept is fundamental in tort law, as it recognizes that not all harmful actions are intentional and that individuals can be held liable for harm resulting from their carelessness or inaction when they have a duty to protect others. Elements of negligence typically include duty, breach, causation, and damages, clearly illustrating how a failure to exercise reasonable care can lead to legal liability.

The other options do not accurately capture the definition of negligence. An intentional act causing harm refers to intentional torts like assault or battery, while describing negligence solely as accidents does not account for the broader implications of carelessness beyond mere chance occurrences. Moreover, stating that negligence is a concept exclusive to business operations ignores its relevance in personal injury cases and other contexts where individuals may owe a duty of care to others.

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