negligence

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Related to ordinary negligence: ordinary negligence standard, Professional 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 ?
Everyone recognizes it denotes a greater degree of culpability than ordinary negligence, but how much greater?
Gross negligence merely differs in degree from ordinary negligence, so
In response to the FDIC's complaint, the named defendants filed a motion to dismiss claiming that North Carolina law does not allow ordinary negligence claims against D&Os, and, regardless, that the BJR shields D&Os from such claims.
Like the Second Circuit, ordinary negligence is a sufficiently culpable state of mind for imposition of an adverse inference jury instruction in the First, (109) Third, (110) Sixth, (111) Tenth, (112) and D.
240) But the government would only need to prove ordinary negligence to trigger criminal restitution (albeit under a beyond-a-reasonable-doubt standard as opposed to a preponderance-of-the-evidence standard).
In arguing that the application of ordinary negligence principles led to the recognition of a duty of care and to liability, the judges relied on significant factual features linking the parties.
The seriousness of the harm risked by ordinary negligence is good reason to hold actors to strict standards of conduct.
Perhaps an underlying belief in the merits of this exception tilted the Alaska Supreme Court towards the ordinary negligence standard: (119) the court might have sought to limit the applicability of the statute's criminal punishments as constitutional if the provision assigning jail terms was enforced only against participants in heavily regulated industries.
16400 defines a breach of trust as a violation of any fiduciary duty and can be separated into three types: ordinary negligence, gross negligence (recklessness) and intentional (willful) breach of trust.
In the largest personal-injury verdict ever awarded in Arkansas, a jury awarded compensatory damages of $5 million for ordinary negligence and $10 million for medical malpractice, and $63 million in punitive damages.
75) However, Defendant claimed that Plaintiffs failed to make a prima facie case and furthermore, that the utility could be liable for ordinary negligence under the current rate schedule approved by the Public Service Commission.