Questions: Question 5
What is included in the definition of negligence in the restatement (second) of torts?
Falling below the standard established by law
Resulting in substantial money loss
Intent to cause harm
Acting with intent
Transcript text: Question 5
What is included in the definition of negligence in the restatement (second) of torts?
Falling below the standard established by law
Resulting in substantial money loss
Intent to cause harm
Acting with intent
Solution
The answer is: Falling below the standard established by law.
Explanation for each option:
Falling below the standard established by law: This is the correct answer. In the Restatement (Second) of Torts, negligence is defined as conduct that falls below the standard of care established by law for the protection of others against unreasonable risks of harm. This standard is typically what a reasonably prudent person would do under similar circumstances.
Resulting in substantial money loss: This is incorrect. While negligence can result in financial loss, the definition of negligence itself does not require that there be a substantial money loss. The focus is on the breach of duty and the failure to meet the standard of care.
Intent to cause harm: This is incorrect. Negligence does not involve intent to cause harm. Instead, it involves a failure to exercise reasonable care. Intent to cause harm would fall under intentional torts, not negligence.
Acting with intent: This is incorrect. Similar to the previous option, negligence is characterized by a lack of intent. It is about carelessness or a failure to act as a reasonable person would, rather than acting with intent.
In summary, negligence as defined in the Restatement (Second) of Torts involves falling below the standard of care established by law, without the necessity of intent or resulting in substantial financial loss.