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negligence
(redirected from imputed negligence)

   Also found in: Dictionary/thesaurus, Medical, Legal, Financial, Encyclopedia, Wikipedia 0.01 sec.

negligence

In law, doing some act that a ‘prudent and reasonable’ person would not do, or omitting to do some act that such a person would do. Negligence may arise in respect of a person's duty towards an individual or towards other people in general. Breach of the duty of care that results in reasonably foreseeable damage is a tort.

Contributory negligence is a defence sometimes raised where the defendant to an action for negligence claims that the plaintiff by his own negligence contributed to the cause of the action.

A person's duty towards an individual may cover parenthood, guardianship, trusteeship, or a contractual relationship; a person's duty towards other people may include the duties owed to the community, such as care upon the public highway, and the maintenance of structures in a safe condition.



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A defense attorney needs to be mindful that there may not be insurance coverage available for this type of imputed negligence.
Negligent entrustment, on the other hand, does not arise out of the parties' relationship, nor does it rest on imputed negligence or on ownership or agency.
Muenster had the right to control and direct the performance of the nurses at the nursing home, there was no evidence of imputed negligence.
 
 
 
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