Which term describes conduct that breaches a duty of care but is not intentional and results in harm?

Which term describes conduct that breaches a duty of care but is not intentional and results in harm?

• A. Battery
• B. Tort
• C. Negligence
• D. False Imprisonment

Answer: (C)

This item tests understanding of negligence—the idea that someone can be at fault for harm by breaching a duty of care without intending to hurt someone. Negligence requires four elements: a duty of care owed to the injured person, a breach of that duty, causation showing the breach caused the harm, and actual damages. When someone’s conduct falls short of the standard of care and that shortcoming leads to harm, it is negligence, even though there was no intent to cause injury. Battery would involve intentional harmful contact, which is different because intent matters. False imprisonment involves intentionally restricting a person’s freedom of movement, which is also about intentional acts. A tort is a broad category of civil wrong, and while negligence is a type of tort, the description given points to negligence specifically—the non-intentional breach of duty causing harm.

This item tests understanding of negligence—the idea that someone can be at fault for harm by breaching a duty of care without intending to hurt someone. Negligence requires four elements: a duty of care owed to the injured person, a breach of that duty, causation showing the breach caused the harm, and actual damages. When someone’s conduct falls short of the standard of care and that shortcoming leads to harm, it is negligence, even though there was no intent to cause injury.

Battery would involve intentional harmful contact, which is different because intent matters. False imprisonment involves intentionally restricting a person’s freedom of movement, which is also about intentional acts. A tort is a broad category of civil wrong, and while negligence is a type of tort, the description given points to negligence specifically—the non-intentional breach of duty causing harm.