Negligence concerns harm that:

Question

BlackTom AI · Accepted Answer

Question interpretation: We’re examining the nature of harm in negligence in the context of tort law. The core idea is that negligence involves harm that occurs due to a failure to exercise reasonable care, and this harm is not intentional by the person who caused it.
Option 1: "is unforeseeable." This is not accurate. In many negligence cases, the harm is foreseeable; the key issue is whether reasonable care was used, not whether the harm was foreseen in every instance. The foreseeability of harm often informs duty and breach analyses, but the statement as a blanket claim about negligence is too absolute.
Option 2: "is always substantial." Incorrect. Negligence does not require the harm to be substantial in magnitude; it can be minor or significant. The standard concerns whether reasonable care was exercised, not the severity of the injury.
Option 3: "arises intentionally." This is incorrect. Negligence involves a lack of intentional wrongdoing. Intent to harm or a conscious desire to cause harm is more characteristic of intentional torts, not negligence.
Option 4: "arises without the intention of the perpetrator." This is the best fit for negligence. The harm arises from a failure to exercise reasonable care, without the perpetrator intending to cause harm. The absence of intent is a defining feature, distinguishing negligence from intentional harm.

LEGAL & REGULATORY ENVIRONMENT FIN 2050-04 (90533) FINAL EXAM

Negligence concerns harm that:

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