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.

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