How is negligence defined in tort law?

Negligence in tort law is accurately defined as the failure to exercise a reasonable standard of care, which results in harm to another person. This concept is foundational in tort law because it emphasizes the importance of behavior and the duty individuals have to avoid causing foreseeable harm to others.

To establish negligence, one typically has to demonstrate the presence of five elements: duty of care, breach of that duty, causation (both actual and proximate), harm or injury, and damages. The "reasonable standard of care" refers to the prudent actions that an average person would take under similar circumstances to avoid harming others. When an individual fails to meet this standard, it indicates a breach of duty, which can lead to liability if the breach directly results in harm.

The other choices do not capture the essence of negligence:

• Intentional harm refers to actions taken with the purpose of causing injury, which is different from negligence where harm results from carelessness rather than intent.

• A breach of contract pertains to the failure to fulfill agreements between parties and does not relate to the duty of care in tort law.

• The notion of a legal obligation to perform a duty is broad and can encompass various legal responsibilities; however, negligence specifically narrows down to the failure to