Which definition describes an unintentional breach of legal duty, causing damage that was reasonably foreseeable and without which the damage would not have occurred?

• A. Tort
• B. Fraud
• C. Malpractice
• D. Negligence

Answer: (D)

Negligence is a failure to exercise the care that a reasonably prudent person would in a similar situation, which means an unintentional breach of a duty of care. The harm that results must be something that could reasonably be foreseen as a possible result of that breach, and there must be a causal link showing the damage wouldn’t have occurred without the breach. In tort law, the basics are duty, breach, causation, and damages. This differs from a tort that is intentional, like fraud, which involves deliberate misrepresentation, or from malpractice, which is professional negligence. Because the description focuses on an unintentional breach of duty and a foreseeable, causally linked harm, it fits negligence best.