When negligence is considered, it appears that the definition is not very different from common law jurisdiction. One should foresee or can foresee the damage but did not foresee, or one that foresees damage but ignores it, will be considered to be negligent.
In practice, to say whether one is negligent, you usually look at three issues: 1) whether the party owes a higher standard of duty over a normal person (like a professional’s duty compared with a normal person); 2) the specific circumstance where the torts occur; 3) the personal experience of the tortfeasor. |