négligence

Traductions

• anglais

  Date : 1991

  Définition

  In legal procedures, the failure to do what an ordinary, reasonable, prudent person would do, or the act of doing what an ordinary, reasonable, prudent person would not do.

  Notes :

  As a basis of liability: The elements of the cause of action for negligence are as follows: 1. A duty (or obligation) recognized by law, requiring conformity to a certain standard of conduct for the protection of others against unreasonable risks. 2. Failure to conform to the required standard of care or, ((...)) breach of that duty. 3. Material injury resulting to the interests of the plaintiff. ((The threat of future harm, not yet realized is not enough.)) 4. A reasonable proximate connection between the defendant's conduct and the resulting injury.
  
  Ordinary negligence arises from errors in judgement, not from willful deceit. Gross negligence is attribut to recklessness and an extreme disregard for common standards.
  
  Par opposition à "intentional tort".

  Terme :

  1. negligence