In tort law, what does "negligence" refer to?

Negligence in tort law specifically refers to a failure to exercise reasonable care, resulting in harm or injury to another person. This legal concept is founded on the idea that individuals and entities have a duty to act in a way that does not pose unnecessary risks to others. When someone does not meet this standard of care, it can lead to negligence claims if the lack of care directly causes damages or injuries.

For instance, a driver who does not pay attention to the road and causes an accident due to distractions could be deemed negligent because they failed to maintain the standard of care expected from a reasonable driver. The concept encompasses several essential elements: the existence of a duty of care, a breach of that duty, causal link between the breach and the injury, and actual damages that resulted from the incident.

The other options relate to different legal principles. A failure to uphold a contract pertains to contract law rather than tort law. A type of legal defense typically outlines a justification for actions or refutes the claims against an accused party but doesn’t define negligence itself. Lastly, a criminal act without intent addresses criminal law and the mens rea necessary to establish certain crimes, which is distinct from the civil liability arising from negligence.