---
title: "Negligence, tort, liability, elements"
subject: "Engineering Professional Practice"
chapter: 2
key: "semester_8/engineering_professional_practice:negligence-tort-liability"
source: https://www.bctengineer.com/q/semester_8/engineering_professional_practice/negligence-tort-liability
site: BCT Engineering
---

# Negligence, tort, liability, elements

Engineering Professional Practice · Chapter 2: Profession and Ethics

- Asked in: 2074 Bhadra, 5 marks
- Video: [Introduction to Negligence | Law of Tort](https://www.youtube.com/watch?v=Kpmyupo4RD0) — The Law Academy
- Answer checked by Claude Opus 5.5 (high effort) on 2026-10-14
- Page: https://www.bctengineer.com/q/semester_8/engineering_professional_practice/negligence-tort-liability
- Whole chapter: https://www.bctengineer.com/md/semester_8/engineering_professional_practice/chapter-2

## Question

What do you understand by Negligence, Tort and Liability? What are the elements of Negligence?

## Short answer

Negligence is failure to take reasonable care, breaching a professional duty and causing damage. A tort is a civil wrong (non-contractual) remedied with damages. Liability is legal responsibility. Elements of negligence: duty of care, breach, causation, and actual loss or injury.

## Answer

#### Negligence
Negligence is the failure to take the reasonable care that a prudent person (or a professional of ordinary skill) would take in the same situation, as a result of which another person suffers damage. For engineers it means failing to apply the standard of skill and care of the profession, e.g. ignoring the code in design.

#### Tort
A tort is a civil wrong, other than breach of contract, that causes harm or loss to another and for which the injured person can claim compensation (damages) in court. Types: negligence, nuisance, trespass, defamation, strict liability. Torts arise from duties set by law, not from a contract.

#### Liability
Liability is the legal responsibility of a person to compensate for damage or to bear punishment for an act or omission. Types: civil, criminal, contractual, tortious, vicarious, professional.

#### Elements of negligence
1. **Duty of care:** the defendant owed a legal duty to the plaintiff (engineer to client or public).
2. **Breach of duty:** failure to meet the required standard of care.
3. **Causation:** the breach was the actual and proximate (foreseeable) cause of the harm.
4. **Damage/injury:** real loss, injury or property damage occurred.

All four must be proved for a negligence claim to succeed. Example: a structural engineer owes a duty to design a building safely (duty) but ignores the seismic provisions of the code (breach); the building cracks and injures occupants (damage caused by the breach).

## Check yourself

The answer's key points as multiple-choice questions, with the correct option and why.

1. What is negligence?
   A. Deliberate harm
   B. Failure to take reasonable care that a prudent professional would take, causing damage to another
   C. Breach of contract only
   D. Any accident
   Answer: B. Negligence is failure to take reasonable care resulting in damage. (Key point: Negligence defined)

2. What is a tort?
   A. A criminal punishment
   B. A civil wrong, other than breach of contract, for which compensation can be claimed
   C. A contract term
   D. A type of tax
   Answer: B. A tort is a civil wrong other than breach of contract, with damages as remedy. (Key point: Tort)

3. Which set lists the elements of negligence?
   A. Duty of care, breach, causation, damage
   B. Intent, motive, plan, profit
   C. Contract, offer, payment, delivery
   D. Notice, delay, fine, appeal
   Answer: A. The four elements are duty of care, breach, causation and damage. (Key point: Four elements)

4. What must be shown for a negligence claim to succeed?
   A. Any one element
   B. All four elements
   C. Only damage
   D. Only breach
   Answer: B. All four must be proved. (Key point: All elements needed)

## Related in Engineering Professional Practice

- [Short note: Liability and negligence](https://www.bctengineer.com/question.md?key=semester_8%2Fengineering_professional_practice%3Ashort-note-liability-negligence) — Engineering Professional Practice, chapter 2
- [Profession, code of ethics, tort and liability](https://www.bctengineer.com/question.md?key=semester_8%2Fengineering_professional_practice%3Aprofession-code-ethics-tort) — Engineering Professional Practice, chapter 2
- [Tort law; copyright vs patent right](https://www.bctengineer.com/question.md?key=semester_8%2Fengineering_professional_practice%3Atort-reasons-copyright-patent) — Engineering Professional Practice, chapter 2