Which of the following statements is true about negligence?

Question

BlackTom AI · Accepted Answer

To start, let's consider what negligence means in tort law. It involves a failure to exercise the care that a reasonably prudent person would in similar circumstances, resulting in harm. With that in mind, we evaluate each statement.
Option 1: 'It is not a central component of tort law.' This is inaccurate because negligence is a foundational concept; most tort claims arise from negligent conduct or omissions. If negligence weren't central, the very structure of torts would look very different, so this statement is false.
Option 2: 'One can be negligent by doing something that one should not.' This aligns with the core idea that negligent acts can be positive actions taken carelessly or improperly, which breach the standard of care and lead to liability. It accurately describes a key avenue of negligence, making this statement true.
Option 3: 'One cannot be held negligent by failing to do something that one should have done.' This is misleading. Negligence can arise from omissions—failing to act when there is a duty to act (for example, a doctor not treating a patient when required, or a parent failing to supervise a child). Therefore, this option is false.
Option 4: 'It excludes acts of both commission and omission.' This is incorrect because negligence encompasses both acts of commission (doing something carelessly) and omissions (failing to do something required). Excluding either would misstate the scope of negligence, so this option is false.
In summary, among the statements, the one that correctly reflects negligence is the description of negligent conduct as doing something one should not do, while the others mischaracterize the role of omissions, the centrality of negligence in tort law, or the inclusiveness of acts.

Which of the following statements is true about negligence?单项选择题

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