How is negligence defined in tort law?

Negligence in tort law is defined as the lack of reasonable care that a person or entity should exercise in similar circumstances. This means that an individual or organization fails to act in a manner that a reasonably prudent person would, leading to unintended harm to another party. The essence of negligence revolves around the failure to uphold a standard of care, resulting in damage or injury to another individual, for which the negligent party can be held liable.

When determining negligence, courts typically consider what a reasonable person would have done in the same situation. The focus is on the actions—or lack thereof—of the individual and whether those actions fell below the expected standard of care. This definition is crucial because it helps establish liability in tort cases, where the injured party seeks compensation for damages.

The other answer options do not accurately reflect the definition of negligence. A deliberate act causing harm pertains more to intentional torts rather than negligence, which inherently involves a lack of intent to cause harm. The failure to follow legal advice is related to legal malpractice rather than the broader concept of negligence. Lastly, participating in illegal activities refers to criminal acts, which are distinct from the concept of negligence in tort law.