negligence

(redirected from Gross negligence)
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Related to Gross negligence: ordinary negligence

negligence

A breach in the performance of a legal duty,proximately resulting in harm to another. Central to the concept of negligence is the problem of determining the exact duty owed.For example, does one owe any duties of care regarding the condition of property so as not to injure trespassers? If there is no duty,there can be no negligence,no matter how sloppy and careless the act.

Negligence

A lack of such reasonable care and caution as would be expected of a prudent person. A penalty may be assessed if any part of an underpayment of tax is due to negligent or intentional disregard of rules and regulations.
References in periodicals archive ?
In contrast, there is no universal definition for the term gross negligence.
circumstances, gross negligence is an extreme departure
Warwickshire Police confirmed that a 54-year-old man and two others aged 42 and 52, all from south Warwickshire, were arrested on suspicion of gross negligence manslaughter after presenting themselves at a police station.
Asked whether the new legislation sets out who will decide whether there has been fraud or gross negligence, Papadopoulos said that the question of fraud "has been defined through very many decisions by the Cypriot courts".
The court of appeal held that the agreement was unenforceable to the extent it concerned the city's liability for future gross negligence (while ruling it enforceable as to ordinary negligence).
Miss Brand added: "The breach of duty by each of these defendants was such a significant breach that it amounted to the crime of manslaughter by gross negligence.
White's attorney could not be reached for comment but said after the verdict that the crash was an accident and did not constitute gross negligence.
16461, exculpatory clauses can't limit liability for gross negligence or intentional acts.
The court concluded that once the hospital prevailed in asserting its affirmative defense, the trial judge correctly charged the jury that the burden of proving gross negligence remained with the patient.
Depending on the degree involved, it may include ordinary negligence, gross negligence or fraud.
The leading decisions on the difference between ordinary negligence and gross negligence for purposes of the civil penalty in subsection 163(2) of the Income Tax Act (on which the Department of Finance based its draft legislation) are Malleck v.
Gross negligence also qualifies as misconduct in Denmark.