Which term refers to a person acting in a way that breaches their duty to another that causes harm group of answer choices negligence recklessness strict liability intent?Asked by: Bryon Weimann | Last update: February 19, 2022
Score: 4.6/5 (14 votes)
Recklessness means the person knew (or should have known) that his or her action were likely to cause harm. Negligence means that the person acted in violation of a duty to someone else, with the breach of that duty causing harm to someone else.
What is an example of breach of duty?
Examples of a Breach of Duty
A driver who is speeding, texting while driving, and driving under the influence. A property owner who fails to fix dangerous conditions on their property. A doctor who provides substandard care and injures a patient.
What is reckless in law?
Behavior that is so careless that it is considered an extreme departure from the care a reasonable person would exercise in similar circumstances.
What is a reckless tort?
In criminal law and in the law of tort, recklessness may be defined as the state of mind where a person deliberately and unjustifiably pursues a course of action while consciously disregarding any risks flowing from such action. Recklessness is less culpable than malice, but is more blameworthy than carelessness.
What is negligence of duty?
No. 172729, June 8, 2007, 524 SCRA 546, 555) defines simple neglect of duty or simple negligence to mean “the failure of an employee or official to give proper attention to a task expected of him or her, signifying a disregard of a duty resulting from carelessness or indifference.”
Evaluation of liability in negligence
What does the term duty of care mean?
The principle of duty of care is that you have an obligation to avoid acts or omissions, which could be reasonably foreseen to injure of harm other people. This means that you must anticipate risks for your clients and take care to prevent them coming to harm.
What is the synonym of negligent?
What are the types of torts?
There are numerous specific torts including trespass, assault, battery, negligence, products liability, and intentional infliction of emotional distress. There are also separate areas of tort law including nuisance, defamation, invasion of privacy, and a category of economic torts.
What is subjective recklessness?
In other words, subjective recklessness is only established if the accused is aware of a risk of a particular type of harm arising from his actions. ... Instead, a defendant would be reckless if he foresaw that his actions would lead to some harm, albeit not harm of the seriousness that occurred.
What is oblique intention?
The criminal law doctrine of oblique intent was developed at common law to deal with situations in which the agent acted without purpose or desire but where the harmful result of his conduct was foreseen at a very high probability.
What makes a person reckless?
Recklessness (also called unchariness) is disregard for or indifference to the dangers of a situation or for the consequences of one's actions, as in deciding to act without stopping to think beforehand.
What is the Latin term for criminal intent?
Overview. Mens Rea refers to criminal intent. The literal translation from Latin is "guilty mind." The plural of mens rea is mentes reae. ... The prosecution typically must prove beyond reasonable doubt that the defendant committed the offense with a culpable state of mind.
What does it mean by breach of duty?
Breach of duty occurs when a person's conduct fails to meet an applicable standard of care. It is one of the four elements of negligence. If the defendant's conduct fails to meet the required standard of care, they are said to have breached that duty. ... The defendant owed a duty of care to the plaintiff.
What is breaching a contract?
Legally, one party's failure to fulfill any of its contractual obligations is known as a "breach" of the contract. Depending on the specifics, a breach can occur when a party fails to perform on time, does not perform in accordance with the terms of the agreement, or does not perform at all.
What is breach of duty quizlet?
A breach of duty occurs when the defendant falls below the standard of care required by the duty in question. ...
What is the Cunningham test?
Cunningham recklessness requires that the accused foresees the consequences of his actions as being probable or even possible and yet goes on to take the risk.
What is criminal recklessness?
Reckless requires a subjective standard such that the accused is "aware that there is danger that his conduct could bring about the result prohibited by the criminal law, nevertheless persists, despite the risk." That is, it is where the accused "sees the risk and ... takes the chance."
What is the contemporaneity rule?
It is a principle of English law that the actus reus and mens rea must coincide. That is they must happen at the same time. This is sometimes referred to as the contemporaneity rule or the coincidence of actus reus and mens rea.
What do you understand by the term tort?
The word Tort is derived from the Latin term Tortum which means “twisted”. ... A tort, as per English common law, is a civil wrong that causes a claimant to suffer loss or harm resulting in legal liability for the person who commits the tortuous act.
What are the different types of negligence?
- Gross Negligence. Gross Negligence is the most serious form of negligence and is the term most often used in medical malpractice cases. ...
- Contributory Negligence. ...
- Comparative Negligence. ...
- Vicarious Negligence.
What is the synonym of inequality?
noun. 1'a society without social inequality' imbalance, inequity, unevenness, disproportion, inconsistency, variation, variability. divergence, polarity, disparity, discrepancy, dissimilarity, difference, contrast, distinction, differential. bias, prejudice, discrimination, unfairness, unfair treatment.
What is a careless person called?
1 inattentive, incautious, unwary, indiscreet, reckless. 2 inaccurate, negligent. 3 unthoughtful, unmindful. 4 thoughtless, forgetful; inconsiderate.
What is another word for gross negligence?
noun carelessness, failure, neglect, disregard, indifference, shortcoming, omission, oversight, dereliction, forgetfulness, slackness, inattention, laxity, thoughtlessness, laxness, inadvertence, inattentiveness, heedlessness, remissness He was responsible for his patients' deaths through gross negligence.
What is breach of duty of care in nursing?
Breach of duty: The healthcare professional, through action or inaction, did not meet the standard of care that another healthcare professional would reasonably meet in the same situation; Damage: The client experienced injury or loss that a reasonable person would have been able to foresee in the same situation; and.