What characteristic qualifies an act as negligent in tort law?

In tort law, an act is characterized as negligent when there is a failure to act as a reasonable person would under similar circumstances. This standard is fundamental to assessing whether a party has breached their duty of care to others. Negligence does not require intent to harm; instead, it focuses on the actions or inactions that deviate from the behavior expected of a reasonably prudent individual.

For example, if a property owner fails to repair a known hazardous condition that could lead to someone getting injured, they may be found liable for negligence because they did not take reasonable steps to ensure safety. The determination of negligence is often based on whether the person's conduct fell below the standard expected and whether it caused harm.

The other characteristics listed, such as intent to harm, deliberate misconduct, or violation of a written agreement, pertain to different legal concepts. Intent to harm and deliberate misconduct imply a willful act, which is not a requirement for negligence. Violation of a written agreement relates more to breach of contract rather than tort law, emphasizing the significance of the reasonable person standard in establishing negligence.