Queensland Practice and Procedure Bar Practice Exam 2025 – 400 Free Practice Questions to Pass the Exam

Question: 1 / 400

In civil liability law, how is 'negligence' defined?

A delay in legal proceedings due to procedural errors

A legal principle protecting property rights

A failure to exercise the level of care that a reasonable person would in similar circumstances

In civil liability law, 'negligence' is defined as a failure to exercise the level of care that a reasonable person would in similar circumstances. This concept is centered around the idea that individuals have a duty to act in a way that minimizes harm to others. When a person does not meet this standard of care and their actions, or lack thereof, result in injury or damage, they can be held legally responsible for that negligence.

The definition captures the essence of the duty of care that one person owes to another. It considers the actions that a reasonable person would take to avoid causing harm, emphasizing the subjective nature of what is considered "reasonable" depending on the circumstances surrounding the incident. This principle is crucial in personal injury cases, where the plaintiff must demonstrate that the defendant's failure to act reasonably led to the damages they incurred.

In contrast, the other options do not accurately reflect the concept of negligence within civil liability law. Delays in legal proceedings or strategies to delay judgment pertain to procedural aspects of the court system, while protecting property rights involves different legal principles unrelated to negligence. Thus, the focus on reasonable care in specific situations makes the chosen definition distinctly aligned with the principles of negligence in law.

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A strategy to delay judgment

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