In civil law, what is "negligence"?

Preparation for the Civil Process Test with well-crafted quizzes. Study with detailed multiple-choice questions, hints, and breakdowns. Prepare confidently for your test!

Negligence in civil law refers to a failure to take reasonable care to avoid causing injury or loss to another person. This legal concept is centered around the idea that individuals have a duty to act with a certain standard of care, and when they breach this duty and cause harm, they can be held liable.

The essence of negligence lies in the lack of intent; it pertains to unintentional harm resulting from carelessness, rather than from deliberate actions or omissions. To establish a case of negligence, a plaintiff typically needs to prove that the defendant had a duty of care, breached that duty through unreasonable conduct, and that this breach caused damages.

The other options present scenarios that do not align with the definition of negligence. A deliberate act causing harm refers to an intentional tort, while an intentional breach of duty similarly involves purposeful actions rather than a failure to act. A minor accident with negligible harm does not constitute negligence, as it implies that the harm is too minor to warrant legal liability. Thus, the definition of negligence is clearly aligned with the failure to take reasonable care to avoid harm, making that statement the correct answer.

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