Real Estate Council of Alberta Fundamentals Practice Exam

What type of tort is characterized by carelessness or failure to exercise reasonable care?

1. Intentional Tort

2. Negligent Tort

3. Strict Liability Tort

4. Criminal Tort

The correct answer is: Negligent Tort

The type of tort characterized by carelessness or failure to exercise reasonable care is known as a negligent tort. In legal terms, negligence occurs when a person or entity breaches a duty of care owed to another individual, leading to harm or injury. This type of tort requires the plaintiff to demonstrate that the defendant failed to act in a manner that a reasonable person would have in similar circumstances, thereby causing foreseeable harm. Negligent torts are significant in the field of personal injury law, as they encompass a wide range of situations where duty and care result in injuries—such as car accidents, slip and fall incidents, or medical malpractice. The focus is on the actions—or lack thereof—of the defendant and whether those actions fell below the standard of care expected in the community. Other tort types, such as intentional torts, are based on deliberate actions meant to cause harm, while strict liability torts impose liability without the need to prove negligence or intent. Criminal torts refer to actions that violate criminal law rather than civil law and are typically prosecuted by the state rather than by individual plaintiffs seeking damages. Understanding the nuances of negligent torts is essential for assessing liability and seeking appropriate remedies in cases of harm caused by lack of reasonable care.