NALA Certified Paralegal Exam 2025 – 400 Free Practice Questions to Pass the Exam

Negligence in tort law refers specifically to the failure to exercise reasonable care, which is the standard expected of a hypothetical "reasonable person" in similar circumstances. This failure can lead to unintended harm or injury to another party. To establish negligence, a plaintiff typically must prove four elements: duty, breach, causation, and damages. The concept hinges on the idea that individuals have a legal obligation to act reasonably to avoid causing harm to others.

In contrast, the other options do not accurately define negligence. A deliberate act causing harm pertains more to intentional torts where harmful actions are taken with intent. Criminal intent relates to criminal law rather than tort law, and while acts of omission can sometimes lead to liability, negligence is more broadly defined by the failure to conduct oneself with reasonable care, rather than solely by omission. Therefore, the essence of negligence is the breach of the duty to act in a manner that safeguards others from foreseeable risks, which is encapsulated in the correct choice.