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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.

The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD. Copyright © 2007 by The McGraw-Hill Companies, Inc.


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.
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References in periodicals archive ?
However, whereas the normative questions that arise at the first stage are essentially legal in nature ('ought the description of the reasonable person to be modified for X characteristic/factor?'), (19) the normative questions that arise at the second stage are essentially factual in nature ('was the person's conduct reasonable in the circumstances?').
* Everyone is held up to the reasonable person standard, including the victim.
related" to its ends, but the reasonable person (or even the
The average person does not feel the way the Court believes a reasonable person would, even though the reasonable person in law should resemble the average person in reality.
doctrines, (25) the reasonable person for the purposes of public repute
In addition to the Eastern District's interpretation, the Missouri Court of Appeals for the Western District has also recognized the reasonable person standard as a rule.
What is the legal application of the Reasonable Person Concept, and how does this differ from CMS's approach?
Kamir argues that this use of the reasonable person standard to test the rationality of the victim's fear places the victim in the place usually occupied by the person on trial--it subtly suggests the victim's guilt by judging her emotional reactions to determine if they were "reasonable" (pp.
His argument was that the reasonable person adapts himself or herself to the world, while the unreasonable person persists in trying to adapt the world to himself or herself.