Negligence Definition

GLOSSARY

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What does Negligence mean?

Negligence is 'the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate human affairs, would do, or doing something which a prudent and reasonable man would not do' (Blythe v Birmingham Waterworks (1856) 11 Exch 781, at p 784). It is accepted that the test for breach of duty is objective, in the sense that the individual character and mental and physical features of the particular defendant are usually irrelevant.

Negligence does not always consist of a positive act. It may also occur in the omission to take some action or other as a result of which the claimant suffers damage. This is sometimes termed 'nonfeasance', as opposed to 'misfeasance' which is the term used to describe an act of negligence.

View the related checklists about Negligence

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Checklist—The Diffuse Mesothelioma Payments Scheme

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Common medical tests for specific medical conditions

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The Pre-Action Protocol for the Resolution of Clinical Disputes—pre-6 April 2015 [Archived]

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Licence to carry out environmental investigations

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‘Click-wrap’ software end-user licence agreement (EULA)—business to consumer

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Dive into our 593 Precedents related to Negligence

Who is responsible for an occupier's liability claim when the accident occurred in premises subject to a lease? The tenant company had ceased trading before the accident and a new tenant company had not entered into a new lease agreement with the landlord.

Who is responsible for an occupier's liability claim when the accident occurred in premises subject to a lease? The tenant company had ceased trading before the accident and a new tenant company had not entered into a new lease agreement with the landlord. This Q&A considers who may qualify as an occupier under the Occupiers’ Liability Act 1957 (OLA 1957). OLA 1957 contains no definition of an ‘occupier’. The issue of who is an occupier is dealt with under the common law. It is important to recognise that the key issue is of control over, rather than ownership of, the premises. An occupier is any legal entity with a sufficient degree of control over premises such that it can properly be considered to be an occupier (see Wheat v E Lacon). The key element is that the occupier has effective control. There is no requirement for the occupier to have a legal interest in the land. There can be multiple occupiers of premises at any given time. It has...

If a claimant receives negligent home care, is this considered clinical negligence?

If a claimant receives negligent home care, is this considered clinical negligence? Duty of care Duties to patients in contract: Butterworths Personal Injury Litigation Service [211] states: ‘Where a health professional undertakes private practice, a contractual relationship is likely to arise between the patient and the health professional. In the absence of an express term to the contrary, a term will be implied into that contract that the service will be performed with reasonable care and skill. In the case of private hospital treatment, most doctors undertake such services as independent contractors. Thus, for example, there may be separate contractual relationships in respect of the provision of nursing care, resident medical officers and laboratory services.’ Duties to patients in tort: Butterworths Personal Injury Litigation Service [215]: states: ‘A duty to exercise reasonable care and skill is imposed on a health professional who undertakes the tasks of diagnosis, advice or treatment. The duty exists independent of any contractual duty that may exist. The duty arises once the patient is accepted for...

See the 623 Q&As about Negligence

Minutes of the CPR Committee meeting—4 October 2024

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GLOSSARY