negligence

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Related to Intervening cause: Superseding cause

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 ?
while a coincidental intervening cause will typically relieve the
Given the Supreme Court's pronouncement that an intervening cause is unforeseeable only if it constitutes "an improbable freak," McCain v.
An intervening cause is one that arises after a defendant's negligent act and is not foreseeable.
One Court of Appeals has stated: 'A plaintiff proves proximate cause, also referred to as legal cause, by demonstrating a natural and continuous sequence of events stemming from the defendant's act or omission, unbroken by any efficient intervening cause, that produces an injury, in whole or in part, and without which the injury would not have occurred" (Barrett v.
The hospital argued that the physicians' awareness of the patient's condition and their decision not to order additional medical intervention was an intervening cause.