Law Dictionary

negligence

"An area of tort law consisting of acts not willfully committed, by persons failing to exercise that degree of care which an ordinary prudent person would exercise under similar circumstances. In order to obtain a favorable judgment, the plaintiff who based his cause of action on negligence must prove all of the following: a. That the defendant had a duty to the plaintiff; b. That the defendant committed t breach of duty; c. That the defendant's act was the cause in fact of the plaintiff's injury as well as the proximate (nearest and most direct cause of injury) d. That the plaintiff suffered actual damages; and e. That the plaintiff was not contributorily negligent."

Source : lawyerintl.com 2005

Language : English

Return

Return to Law Dictionary Index