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One of the reasons why England took so long in passing the law of Negligence is that it was unclear as to whether negligence is a breach by the defendant of a legal duty,whether it was a wrong, or indeed if negligence signifies a state of mind.As a tort negligence is a breach by the defendant of a legal duty to take care,which results in damage to the plaintiff.Alternatively,as a state of mind,either a persons inadvertance to the consequences of his conduct or the deliberate taking of a risk without neccessarily intending the consequences attendant upon that risk.

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17y ago

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