2013•Unpublished venueRequires access
The tort of negligence
Joseph A Barravecchio
Open publisher page 0 citations
Abstract
The tort of negligence can be briefly defined as a failure to exercise the skill and care expected of a reasonable person in similar circumstances. The word negligence is derived from the Latin word negligentia which can be defined as 'heedlessness, neglect, carelessness, negligence, disrespect, thoughtlessness or unmindfulness'. The word carelessness probably best encapsulates its meaning. As a cause of action, negligence allows a successful plaintiff to recover monetary compensation from a negligent wrongdoer and in Australia is generally governed by a combination of common law and statute. Negligence does not require a contract to be in existence and involves either the doing of a careless act or the failure to do something. However, the negligent act is not required to be deliberate or intended to cause injury or harm.