Negligence as a state of mind , distinct from both objective and irresponsibility , denotes the malfunction to foresee the consequences of one 's actions in terms of the risk of damage they create to others . While negligence in this sense is an essential condition of liability in a tort , it is exceptionally far from being sufficient even assuming the subsistence of a causal link between the defendant 's lack of care and the resultant damage . To assess whether the negligence is...











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