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Key definition
Negligence definition

What does Negligence mean? In legal practice, negligence describes a failure to take reasonable care that results in foreseeable harm or loss. It is proved by establishing: (i) a duty of care, (ii) breach of that duty measured against the objective standard of a reasonable person, (iii) causation (factual “but for” cause and legal scope/remoteness), and (iv) recoverable damage. The concept is defined and developed by case law. A classic formulation is that negligence is omitting what a reasonable person would do, or doing what a prudent person would not (Blyth v Birmingham Waterworks (1856) 11 Ex Ch 781). The test is objective: the

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Core torts in England and Wales: trespass (land, goods, person), conversion, defamation and privacy, product liability, and animals, with cryptoasset considerations

Practice notes
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This Practice Note considers the torts of:

  • Trespass to land
  • tort of conversion and trespass to Goods
  • trespass to the person (assault, battery and false imprisonment)
  • privacy and Defamation
  • tortious product liability
  • tortious liability for animals

For guidance on other torts, see Practice Notes:

  • Procedural abuse torts and similar
  • Vicarious liability and multi-party torts

For guidance on Negligence claims, see Practice Note: Negligence—key elements to establish a negligence claim and related content. For practical guidance on negligence, nuisance and breach of statutory duty claims, see: Tort and negligence claims—overview. For guidance on bringing and defending claims against professionals, see: Professional negligence claims—overview.

The tort of trespass to land

This tort is committed where an individual (D) carries out an act that brings about entry onto another’s land (C) without consent or lawful justification. No physical harm to the land is required for liability. To amount to trespass in tort, D’s entry onto C’s land must be voluntary (Stone v Smith)...

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Web page updated on 21/05/2026

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