What constitutes negligence in legal terms?

Prepare for the OACETT Professional Practice Examination. Study with multiple choice questions, explanations, and insider tips to excel in the exam!

Negligence in legal terms refers to a failure to exercise the care that a reasonably prudent person would exercise in similar circumstances, leading to foreseeable harm to another party. The first choice highlights the essence of negligence: the lack of consideration for potential consequences that results in causing harm to another individual.

This description captures the critical components of negligence: duty of care, breach of that duty, and damage caused as a direct result of the breach. For example, if a professional fails to follow standard procedures that are designed to prevent harm, and a client is injured as a result, that professional may be found negligent.

The other options describe different legal concepts that do not align with the definition of negligence. False statements with intent to mislead pertain to fraud or misrepresentation. A wrongful act done by accident could refer to unintentional torts but lacks the consideration of foreseeability and duty of care that characterize negligence. Threatening harm is related to criminal behavior and does not involve the carelessness that defines a negligent act.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy