negligence

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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 ?
When Paula sues Ernie and his employer under these hypothetical conditions, her negligent entrustment claim is disallowed by the rule and she proceeds against the employer on her respondeat superior claim.
Under the third clause, Anglo-Iberia claimed Jamsostek's negligent supervision of its employees in Indonesia and Monaco in connection with Jamsostek's commercial activity in Indonesia caused a direct effect in the U.S.
But sometimes the company's driver does not have to be at fault for negligent entrustment to come into play.
"Negligent entrustment implies you knew, or should have known, that you put an unsafe driver behind the wheel of your company vehicle," says Martin Schofield, vice president of product safety/liability for Hilti Inc., a manufacturer of commercial construction products based in Tulsa, Okla.
In response, the trucking company admits an agency relationship with its employee driver and then moves to dismiss the negligent hiring, retention, and entrustment claim.
Building owners must understand that they will be considered negligent if they do not follow the local law requirements and take the required steps to eliminate or diminish known foreseeable risks that could cause harm.
However, the court upheld the decision that McClements could not sue Ford even if the company was negligent because she was not an employee.
The occurrence issue distilled down to a central question: Did the negligent misrepresentation constitute an occurrence within the meaning of the insurance policy?
Criminally negligent homicide is a felony punishable by up to 10 years in prison and a fine of up to $250,000.
The regulations include a limitation on the amount of money that an injured patient can recover in a malpractice action, on the sole basis that the injury came from a negligent doctor and not, for example, from a negligent driver.
In addition to alleging that Tendercare was negligent in failing to provide adequate diagnosis and care of the patient at the time in question, the plaintiff alleged that Tendercare was negligent in failing to advise its employees of the code status of its patients, in placing Shaft in a supervisory position, and in failing to adequately train its employees.
Summary: Etawah (Uttar Pradesh) [India], Aug 22 (ANI): After the cases of ragging were reported from Saifai Medical University here, the District Magistrate (DM) conducted an investigation and found the university's Anti-Ragging Squad (ARS) to be negligent in discharging its duties.