Ontario Barrister and Solicitor Practice Exam

Question: 1 / 400

How is "negligence" defined in tort law?

Purposeful harm to another party

Failing to exercise reasonable care resulting in harm

In tort law, "negligence" is defined as the failure to exercise reasonable care, which subsequently results in harm or injury to another party. This concept relies on the idea that individuals and organizations have a legal duty to act in a manner that avoids causing foreseeable harm to others. The standard for reasonable care is typically determined by what a reasonable person would do in similar circumstances.

In practice, negligence involves a duty of care owed by the defendant to the plaintiff, a breach of that duty, and a direct causal link between the breach and the harm suffered by the plaintiff. This principle underscores the importance of personal accountability in actions that may affect others’ safety and well-being, rather than intentional misconduct or adherence to explicit regulations. Thus, the focus is on unintentional actions and omissions that lead to injury rather than purposeful actions or illegal compliance.

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Refusal to comply with regulations

Intentional misconduct

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