Negligence in the context of "Property damage"

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⭐ Core Definition: Negligence

Negligence (Lat. negligentia) is a failure to exercise appropriate care expected to be exercised in similar circumstances.

Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a negligent act or failure to act. The concept of negligence is linked to the obligation of individuals to exercise reasonable care in their actions and to consider foreseeable harm that their conduct might cause to other people or property. The elements of a negligence claim include the duty to act or refrain from action, breach of that duty, actual and proximate cause of harm, and damages. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. Such loss may include physical injury, harm to property, psychiatric illness, or economic loss.

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👉 Negligence in the context of Property damage

Property damage (sometimes called damage to property) is the damage or destruction of real or tangible personal property, caused by negligence, willful destruction, or an act of nature. Destruction of property (sometimes called property destruction, or criminal damage in England and Wales) is a sub-type of property damage that involves damage to property that results from willful misconduct and is punishable as a crime.

Destruction of property encompasses vandalism (deliberate damage, destruction, or defacement), building implosion (destroying property with explosives), and arson (destroying property with fire), and similar crimes that involve unlawful infliction of damage to or destruction of personal property or real property.

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Negligence in the context of Good and evil

In philosophy, religion, and psychology, "good and evil" is a common dichotomy. In religions with Manichaean and Abrahamic influence, evil is perceived as the dualistic antagonistic opposite of good, in which good should prevail and evil should be defeated.

Evil is often used to denote profound immorality. Evil has also been described as a supernatural force. Definitions of evil vary, as does the analysis of its motives. However, elements that are commonly associated with evil involve unbalanced behavior involving expediency, selfishness, ignorance, or negligence.

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Negligence in the context of Workers' compensation

Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue their employer for the tort of negligence.

The trade-off between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain.” One of the problems that the compensation bargain solved is the problem of employers becoming insolvent as a result of high damage awards. The system of collective liability was created to prevent that and thus to ensure security of compensation to the workers.

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Negligence in the context of Duty of care

In tort law, a duty of care is a legal obligation that is imposed on an individual, requiring adherence to a standard of reasonable care to avoid careless acts that could foreseeably harm others, and lead to claim in negligence. It is the first element that must be established to proceed with an action in negligence. The claimant must be able to show a duty of care imposed by law that the defendant has breached. In turn, breaching a duty may subject an individual to liability. The duty of care may be imposed by operation of law between individuals who have no current direct relationship (familial or contractual or otherwise) but eventually become related in some manner, as defined by common law (meaning case law).

Duty of care may be considered a formalisation of the social contract, the established and implicit responsibilities held by individuals/entities towards others within society. It is not a requirement that a duty of care be defined by law, though it will often develop through the jurisprudence of common law.

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Negligence in the context of Child abuse

Child abuse (also called child endangerment or child maltreatment) is physical, sexual, emotional and/or psychological maltreatment or neglect of a child, especially by a parent or a caregiver. Child abuse may include any act or failure to act by a parent or a caregiver that results in actual or potential wrongful harm to a child and can occur in a child's home, or in organizations, schools, or communities the child interacts with.

Different jurisdictions have different requirements for mandatory reporting and have developed different definitions of what constitutes child abuse, and therefore have different criteria to remove children from their families or to prosecute a criminal charge.

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Negligence in the context of Assault (tort)

In common law, assault is the tort of acting intentionally, that is with either general or specific intent, causing the reasonable apprehension of an immediate harmful or offensive contact. Assault requires intent, it is considered an intentional tort, as opposed to a tort of negligence. Actual ability to carry out the apprehended contact is not necessary. 'The conduct forbidden by this tort is an act that threatens violence.'

In criminal law an assault is defined as an attempt to commit battery, requiring the specific intent to cause physical injury.

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Negligence in the context of Trespass to land

Trespass to land, also called trespass to realty or trespass to real property, or sometimes simply trespass, is a common law tort or a crime that is committed when an individual or the object of an individual intentionally (or, in Australia, negligently) enters the land of another without a lawful excuse. Trespass to land is actionable per se. Thus, the party whose land is entered upon may sue even if no actual harm is done. In some jurisdictions, this rule may also apply to entry upon public land having restricted access. A court may order payment of damages or an injunction to remedy the tort.

By law, trespass for mesne profits is a suit against someone who has been ejected from property that did not belong to them. The suit is for recovery of damages the trespasser caused to the property and for any profits he or she may have made while in possession of that property.

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