Negligence
In law, negligence is a type of tort or delict that can be either criminal or civil in nature. Negligence means conduct that is culpable because it misses the legal standard protecting individuals against forseeably risky, harmful acts of other members of society. Negligent behavior towards others gives them rights to be compensated for the harm to their body or property.
Elements of Negligence
A person is negligent in law, on the basis of four components.
- First, he or she must have had a duty of care towards a plaintiff.
- Second, he or she must have breached that duty.
- Third, there must be a factual causal connection between the breach and the harm.
- Fourth, the harm must not be too remote a consequence of the breach, known as legal causation.
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