In Georgia law, how is "negligence" primarily defined?

Study for the Georgia Judicial Branch Test. Study with flashcards and multiple choice questions, each with hints and explanations. Get ready for your exam!

In Georgia law, "negligence" is primarily defined as the failure to exercise reasonable care. This means that an individual or entity did not act with the level of care that a reasonably prudent person would have exercised under the same or similar circumstances. The concept of reasonable care is central to negligence claims, as it establishes a standard against which the actions of the defendant can be measured.

For example, if a driver fails to follow traffic laws and causes an accident, that driver may be found negligent because they did not exercise the level of care expected of a reasonable driver. This definition helps assess liability, as it reflects whether the actions taken were justifiably cautious or careless.

The other options do not encapsulate the full essence of negligence as understood in legal terms. While the failure to perform a legal duty might relate to certain aspects of negligence, it doesn’t cover all scenarios where a lack of reasonable care can lead to liability. Intentionally causing harm clearly falls outside the realm of negligence, as it pertains to intentional torts rather than unintentional acts. Finally, the ability to foresee potential harm can be a factor in determining negligence, particularly when discussing foreseeability in the context of duty of care, but it is not itself a definition of

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