Negligence

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Negligence is the most significant of all of the torts. The tort of negligence occurs when an individual causes damage to another by a non-deliberate breach of a duty owed to that other. That is, the elements of the tort of negligence are duty, breach, causation, and damages.

In other words, negligence is the failure to use care which a reasonable and prudent person would use under similar circumstances.

It must be established that a duty of care is owed by the defendant to the plaintiff and that there has been a breach of that duty. In establishing whether a breach has occurred a court will need to determine the standard of care owed.

The cause of action is not complete unless it is established that the plaintiff has suffered damage as a result of the breach.

A finding of culpable negligence is a determination that the harm due to negligence could have been prevented.

Negligent homicide is a determination that a culpable and deliberate neglect caused preventable death. Deliberate withholding of care for the conscious purpose of ending life is murder. See Terri Schiavo

Dereliction of duty is a formal military charge of negligence in the performance of duty which potentially or actually compromises the security of a military installation or operation.

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