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

Commercial contract review and execution (business personnel)—checklist

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Checklist—The Diffuse Mesothelioma Payments Scheme

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

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Quantum database general damages uplifts—flowchart

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Licence to carry out environmental investigations

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Part 26A restructuring plan for SMEs

Part 26A restructuring plan for SMEs IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES COMPANIES LIST (CHD) IN THE MATTER OF [insert name of the Company] AND IN THE MATTER OF THE COMPANIES ACT 2006 BETWEEN [insert name of the Company] and THE PLAN CREDITORS [AND MEMBERS] (as defined herein) RESTRUCTURING PLAN (under Part 26A of the Companies Act 2006) DATED [insert date] RECITALS The Company (A) [Insert name of the Company] is a [private] limited company, incorporated in [England and Wales] with company number [insert company number] and office at [insert address] (the Company) Purpose of the Restructuring Plan (B) The purpose of this Restructuring Plan is to affect a compromise and arrangement between: [(i)] the Company and the Plan Creditors; [and (ii) the Company and the Members], in order to eliminate, reduce or prevent, or mitigate the effect of financial difficulties encountered [or likely to be encountered] by the Company that are affecting, or will...

Dive into our 596 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.

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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

No reliance on advice meant that claim for damages for negligence failed (Darcliffe Homes v Glanville Consultants)

Construction analysis: The Technology and Construction Court (TCC) dismissed a claim for damages for professional negligence by a property developer against a consultant engineer after finding that the engineer had failed to act with reasonable skill and care, because the property developer had not relied on the advice given and would not have done anything differently had non-negligent advice been given. The court held that the property developer had failed to establish a sufficient nexus between a particular element of the harm for which it sought damages and the subject matter of the engineering company’s duty of care.

Court Funds Office confirms reduction in interest rates for special and basic accounts

The Court Funds Office has confirmed there was a further reduction in interest rates for its accounts, effective from 6 December 2024. The Special Account rate has been lowered from 5.00% to 4.75%, whilst the Basic Account rate has been reduced from 3.75% to 3.56%.

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