Permit Technician Practice Test

Conduct that was not intended to cause harm or injury, but nonetheless did so, and also breached some duty of care imposed by the law is known as _____.

1. Malpractice

2. Negligence

3. Intentional tort

4. Strict liability

The correct answer is: Negligence

The concept being described is best characterized as negligence. Negligence occurs when an individual fails to exercise a level of care that a reasonably prudent person would in similar circumstances, leading to unintentional harm or injury to another person. This legal notion emphasizes the breach of a duty of care, which is an essential element in establishing negligence. In the context of the definition, conduct that is not intended to cause harm yet results in injury reflects the essence of negligence, focusing on the failure to take proper actions or precautions. It implies that while the person's actions were not malicious or intended to inflict damage, they nonetheless fell short of the expected standards of care defined by law. Other terms such as malpractice pertain to specific professional negligence where a failure in the standard of care can have severe consequences, particularly in fields like medicine or law. Intentional tort involves actions taken with the intent to cause harm, which doesn't align with the unintentional nature of the conduct mentioned. Strict liability relates to situations where a party is responsible for damages without needing to prove negligence or fault, typically seen in cases involving inherently dangerous activities or defective products, which is also distinct from the description provided here.