The failure to exercise the degree of care that a reasonably prudent person would exercise under similar circumstances is the legal definition of:
Explanation
Negligence is the failure to act with the level of care a reasonably prudent person would use in similar circumstances, and it is the basis of most liability claims. Proving negligence generally requires four elements: a duty owed, a breach of that duty, that the breach was the proximate cause of harm, and actual damages. Absolute (strict) liability applies without proof of negligence in inherently dangerous situations.
This topic, taught in full in the California Property & Casualty Broker-Agent guide. California Property & Casualty Broker-Agent Study Guide — 2026 Edition — PDF + EPUB, $24.99 · 14-day refund →
Practice all 531 questions free — no signup required.
Own the complete California Property & Casualty Broker-Agent guide — PDF + EPUB, $24.99 →
Related questions on this topic
- Which of the following BEST describes the difference between tort liability and contract liability?
- A bar owner intentionally punches a customer during an argument and is sued for battery. The bar owner submits the claim under his CGL policy. The insurer will MOST LIKELY:
- A spectator at a baseball game is struck by a foul ball and sues the stadium. Under California law, which defense is the stadium MOST LIKELY to assert?
- To win a negligence claim, an injured party generally must prove all of the following EXCEPT:
- Liability that is imposed on a party regardless of fault or negligence, such as for abnormally dangerous activities, is called:
- In a liability policy, the coverage that responds to bodily injury or property damage the insured becomes legally obligated to pay is triggered by:
Last reviewed: · editorial process