In tort law, how is "negligence" defined?

Study for the Queensland Deputy Law Exam. Utilize flashcards and multiple choice questions with hints and explanations. Prepare effectively and confidently!

Negligence in tort law is defined as a failure to exercise reasonable care, which leads to unintended harm or injury to another person. This definition emphasizes that negligence does not involve an intention to cause harm; instead, it focuses on the actions (or lack of actions) of a person, which fall below a standard of care that a reasonable person would exercise in similar circumstances.

In evaluating negligence, courts often consider whether the defendant acted with the level of care that an average person would have exercised. If it's determined that the defendant's behavior was substandard and that this lapse in care directly resulted in damage or injury, a finding of negligence may be established.

The other possibilities, including a deliberate act causing harm or an act of intentional wrongdoing, do not pertain to negligence, as they relate to intentional torts where the defendant has specific intent to cause harm. A breach of a confidentiality agreement addresses contract law rather than tort law, as it involves violations of contractual duties rather than an issue of care and reasonable conduct. Thus, the correct definition of negligence highlights a standard of care expectation rather than an intentional act.

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