negligence
Let an agent explain negligence, relay elements, forms, defences and differences between legal systems from legal sources, describe the named forms, route individual cases to qualified lawyers, and distinguish negligence from intentional torts, strict liability, recklessness and professional malpractice as a subtype, without giving legal advice.
Research draft, second pass
A second pass drafted this model: the structure a model of this thing needs, and what is known about it in the world. The line under this one says how the second half was obtained - researched against sources, or recalled without web access, in which case nothing here was read anywhere and every claim is a lead to verify. Unreviewed either way.
written by Claude from model knowledge without web access - no source was read, every claim is a lead to verify
Researched by: Claude
Purpose and description
Let an agent explain negligence, relay elements, forms, defences and differences between legal systems from legal sources, describe the named forms, route individual cases to qualified lawyers, and distinguish negligence from intentional torts, strict liability, recklessness and professional malpractice as a subtype, without giving legal advice.
A failure to take the care that a reasonable person would take in the circumstances, a central concept in tort law, where a negligence claim usually requires a duty of care, breach, causation and damage, and also relevant in criminal law, where gross or criminal negligence causing serious harm or death can be prosecuted; forms the registry aliases name include gross negligence, a serious departure from reasonable care, and mala praxis, the Spanish and Latin term for professional malpractice. Defences and doctrines such as contributory and comparative negligence and vicarious liability differ between common law and civil law systems, and specific cases need advice from a qualified lawyer.
What it is for: Allocating responsibility for careless harm.
It can be explain elements; relay forms and defences; describe named forms; route individual cases.
Distinguishing features
Reasonable person standard
Fault-based liability
Civil and criminal forms
System-specific doctrines
What it looks like
Not a physical object; arises in court judgments, claims and insurance.
Physical character
Donoghue v Stevenson: 1932 year - UK duty of care case
Palsgraf v Long Island Railroad: 1928 year - US proximate cause case
elements: duty, breach, causation, damage list - common law
How it is recognised
Failure to take reasonable care
Gross negligence, mala praxis
Intentional torts involve intent; strict liability needs no fault; recklessness is conscious risk-taking; malpractice is professional negligence
Related models
is a kind of - related
includes -
is contrasted with -
is contrasted with -
In practice
Families and kinds
ordinary negligence
gross negligence
professional negligence or malpractice
criminal negligence
contributory and comparative negligence
Standards and regulation
National tort and civil codes
Criminal codes on negligent homicide
Professional regulation for malpractice
Failure modes and hazards
Giving legal advice
Mixing jurisdictions
Missing limitation periods
Also called
Where this came from
wikidata · CC0 1.0
Also registered as vr.tr.negligence-attribute
Drafted structure
Bundle to layer to finding to question, as the second pass will find it: 4 bundles · 8 layers · 8 findings · 16 questions.
Understand What negligence is.
Regulation.
Definition
Definition.
Definition
Definition.
- What is negligence, and how does it differ from intentional torts, strict liability, recklessness and malpractice? definition
- Does someone have a potential claim or charge, in which case a qualified lawyer should advise promptly because time limits apply? boundary
Forms
Named forms.
Forms
Forms.
- What are gross negligence and mala praxis? definition
- Which entry fits the specific form? action
Elements Elements.
Regulation.
Duty
Duty and breach.
Duty
Duty.
- How do courts decide whether a duty of care exists and was breached? provenance
- Which references are standard? provenance
Causation
Causation and damage.
Causation
Causation.
- How are causation and remoteness of damage assessed? provenance
- Which sources are cited? provenance
Systems Legal systems.
Regulation.
Defences
Defences.
Defences
Defences.
- How do contributory and comparative negligence differ between jurisdictions? provenance
- Is the information current? boundary
Civil law
Civil law systems.
Civil law
Civil law.
- How do civil codes such as the French Civil Code handle fault liability? provenance
- Which entry fits civil code? action
Context Debates.
Attribution.
Tort reform
Tort reform debate.
Tort reform
Tort reform.
- What do supporters and critics of tort reform argue, with positions attributed? provenance
- Is the presentation neutral and attributed? boundary
Medical malpractice
Medical negligence.
Medical malpractice
Medical malpractice.
- How are medical negligence claims handled, in general terms? provenance
- Which entry fits medical malpractice? action
What the second pass must settle
- Should malpractice be a separate entry?
- How should civil law equivalents be linked?
- Should criminal negligence be a separate entry?