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Definition: Negligence from The SAGE Glossary of the Social and Behavioral Sciences

The failure to take the necessary precautions that would be taken under regular circumstances in any given situation. Criminal negligence refers to a failure to exercise the degree of caution that is required by law for the protection of others.


negligence

From The Columbia Encyclopedia
in law, especially tort law, the breach of an obligation (duty) to act with care, or the failure to act as a reasonable and prudent person would under similar circumstances. For a plaintiff to recover damages , this action or failure must be the “proximate cause” of an injury, and actual loss must occur. Among possible defenses to a negligence action are that the plaintiff assumed the risk of injury (e.g., of being hit by a batted ball at a baseball game), or that the plaintiff brought on the injury by his or her own negligence. Most negligent acts are inadvertent; between them and fully intentional acts lie forms of conduct variously termed willful, wanton, or reckless. Deliberate judgments that are dangerously careless (e.g., faulty building design) may, however, be considered acts of negligence. The obligation to act with care may arise out of a relationship established by contract , as in the duty assumed by a common carrier (e.g., a railroad) in preserving goods and passengers…
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Full text Article Negligence

From World of Criminal Justice, Gale
Negligence is conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. The concept of negligence developed under English law and emerged as an independent cause of action in the eighteenth century. A person has acted…
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Full text Article negligence

From Merriam-Webster's Dictionary of Law
:failure to exercise the degree of care expected of a person of ordinary prudence in like circumstances in protecting others from a foreseeable and unreasonable risk of harm in a particular situation; also :conduct that reflects this failure —called also ordinary negligence , simple negligence…
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Full text Article negligence

From Encyclopedia of Ethics
Negligent actions typically take one of two forms. In inadvertent negligence , the agent unwittingly performs a wrongful act when he should have been aware that he would (or might) perform an act of this kind. For example, an agent, not stopping to recall that there is an obese person among his…
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Full text Article negligence

From Collins Dictionary of Law
the tort or delict of being careless in breach of a duty to take care. The distinction to be made is between the act or omission itself, which is not enough to create legal liability: for this there must be a breach of pre-existing duty of care. Such a duty can exist on the basis of precedent, as, …
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Full text Article negligence

From The Columbia Encyclopedia
in law, especially tort law, the breach of an obligation (duty) to act with care, or the failure to act as a reasonable and prudent person would under similar circumstances. For a plaintiff to recover damages , this action or failure must be the “proximate cause” of an injury, and actual loss must…
| 673 words
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The law of negligence requires that persons conduct themselves in a manner that conforms with certain standards of conduct. Where a person's actions violate those standards, the law requires the person to compensate someone who is injured as a result of this act. In some instances, the law of…
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Full text Article Clinical Negligence

From Black's Medical Dictionary, 43rd Edition
In English law, the strict legal definition of clinical negligence must involve proving a clearly established duty of care which has been breached in a way that has resulted in injury or harm to the recipient of care. There does not need to be any malicious intention. Whether or not a particular…
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Full text Article negligence

From The Hutchinson Unabridged Encyclopedia with Atlas and Weather Guide
In law, doing some act that a ‘prudent and reasonable’ person would not do, or omitting to do some act that such a person would do. Negligence may arise in respect of a person's duty towards an individual or towards other people in general. Breach of the duty of care that results in reasonably…
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Full text Article contributory negligence

From Britannica Concise Encyclopedia
In law, behaviour that contributes to one’s own injury or loss and fails to meet the standard of prudence that one should observe for one’s own good. Contributory negligence of the plaintiff is frequently pleaded in defense to a charge of negligence . In Engish law and in the law of many U.S. …
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Full text Article NEGLIGENCE AND RELIGIOUS ORGANIZATIONS

From Encyclopedia of Religion and the Law in America
Although religious organizations are protected by the First Amendment, the Constitution confers no general immunity from liability for their contracts and torts. Claims may be stated against religious organizations if those organizations had the corporate power or ecclesiastical responsibility for…
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