active negligence

active negligence
A term of extensive meaning embracing many occurrences that would fall short of willful wrongdoing, or of crass negligence, for example, all inadvertent acts causing injury to others, resulting from failure to exercise ordinary care; likewise, all acts the effects of which are misjudged or unforeseen, through want of proper attention, or reflection, and hence the term covers the acts of willful wrongdoing and also those which are not of that character. Cohen v. Noel, Tenn.App., 104 S.W.2d 1001, 1005.
Active negligence denotes some positive act or some failure in duty of operation which is equivalent of a positive act and is omission of due care and affirmative action by person in control, or negligence occurring in connection with activities conducted on the premises. Pachowitz v. Milwaukee & Suburban Transport Corp., 56 Wis.2d 383, 202 N.W.2d 268, 275.
Difference between "active" and "passive" negligence is that one is only passively negligent if he merely fails to act in fulfillment of duty of care which law imposes upon him, while one is actively negligent if he participates in some manner in conduct or omission which caused injury. King v. Timber Structures, Inc. of Cal., 240 C.A.2d 178, 49 Cal.Rptr. 414, 417.
See also negligence; passive negligence

Black's law dictionary. . 1990.

Игры ⚽ Поможем сделать НИР

Look at other dictionaries:

  • active negligence — n. Negligence that occurs through some positive act as opposed to passive inaction. The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell. 2008 …   Law dictionary

  • active negligence — A term of extensive meaning embracing many occurrences that would fall short of willful wrongdoing, or of crass negligence, for example, all inadvertent acts causing injury to others, resulting from failure to exercise ordinary care; likewise,… …   Black's law dictionary

  • active negligence — Want of care in performing an act, as distinguished from inaction which in a proper case may be negligence, 38 Am J1st Negl § 3 …   Ballentine's law dictionary

  • negligence — neg·li·gence / ne gli jəns/ n: failure to exercise the degree of care expected of a person of ordinary prudence in like circumstances in protecting others from a foreseeable and unreasonable risk of harm in a particular situation; also: conduct… …   Law dictionary

  • active — ac·tive adj 1: characterized or accomplished by action or effort active concealment compare passive 2: engaged or participating in action or activity paying child support but not otherwise an active parent …   Law dictionary

  • negligence — The omission to do something which a reasonable man, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent man would not do. Negligence is the failure… …   Black's law dictionary

  • negligence — The omission to do something which a reasonable man, guided by those ordinary considerations which ordinarily regulate human affairs, would do, or the doing of something which a reasonable and prudent man would not do. Negligence is the failure… …   Black's law dictionary

  • Negligence (band) — For other uses, see Negligence (disambiguation). Negligence Background information Origin Ljubljana, Slovenia Genres …   Wikipedia

  • Criminal negligence — For other uses, see Negligence (disambiguation). Criminal law …   Wikipedia

  • trespass — tres·pass 1 / tres pəs, ˌpas/ n [Anglo French trespas violation of the law, actionable wrong, from Old French, crossing, passage, from trespasser to go across, from tres across + passer to pass]: wrongful conduct causing harm to another: as a: a… …   Law dictionary

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”