- Negligence• The omission, whether habitual or not, of the care required for the performance of duties, or at any rate, for their full adequate discharge.
Catholic Encyclopedia. Kevin Knight. 2006.
- NegligenceNegligence† Catholic_Encyclopedia ► Negligence(Lat. nec, not, and legere, to pick out).The condition of not heeding. More specifically it is here considered as the omission, whether habituaI or not, of the care required for the performance of duties, or at any rate, for their full adequate discharge. In the teaching of St. Thomas, it is rated not only as a characteristic discernible in the commission of all sins, but also as a special sin in itself. Its particular deformity he judges to be the imputable lack of satisfying such solicitude as is here and now demanded for the satisfying of obligations. He therefore assigns prudence as the virtue to which it is directly opposed. What has been said applies also to actions which are not of precept, once it is resolved to undertake them. Negligence, according to St. Thomas, is initially at least a lack of promptness of will, and is quite distinguishable from torpor or slipshodness in execution. It is not commonly esteemed to be more than a venial sin. There are, however, two notable exceptions to this statement:♦ if a person is careless to the point of omitting something which is indispensable for salvation (de necessitate salutaris) or♦ if the remissness of will be so great as totally to extinguish the love of God in the soul, then the sin commited is obviously grievous. Negligence is a factor to be reckoned with in determining the liability of one who has damaged another in any way. In the court of conscience the perpetrator of damage can only be held responsible and bound to restitution when his action has been attended with moral culpability, i.e. has been done freely and advertently. The civil law exacts the exercise of diligence whose measure is established according to the different subject matter involved. The absence of this degree of care on the part of an agent is assumed by the civil law to be culpable, and is punished with the penalties provided. Thus the common law generally distinguishes three classes of negligence as follows: gross negligence is the failure to employ even the smallest amount of care, such as any person, no matter how heedless, would use for the safeguarding of his own interests; ordinary negligence is the failure to exercise ordinary care, such as a person of ordinary capacity and capable of governing a family would take of his own affairs; slight neglience is the failure to bring to bear a high degree of care, such as very thoughtful persons would maintain in looking after their own interests. The civil law may and does impose the obligation of reparation for harm wrought not only where ordinary and gross negligence are shown, but also at times when only slight negligence holds good likewise in conscience, once the decision of the judge decreeing it has been rendered.JOSEPH F. DELANYTranscribed by Joseph P. Thomas
The Catholic Encyclopedia, Volume VIII. — New York: Robert Appleton Company. Nihil Obstat. 1910.
Look at other dictionaries:
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
négligence — [ negliʒɑ̃s ] n. f. • 1120; lat. negligentia 1 ♦ Action, fait de négliger qqch.; attitude, état d une personne dont l esprit ne s applique pas à ce qu elle fait ou devrait faire. ⇒ nonchalance, paresse. Je ne vous ai pas écrit par pure négligence … Encyclopédie Universelle
Negligence — Négligence Demande de traduction Negligence → … Wikipédia en Français
negligence — neg‧li‧gence [ˈneglɪdʒns] noun [uncountable] LAW failure to take enough care over something that you are responsible for, for which you may have to pay Damages: • The captain of the ship was accused of negligence in carrying out safety… … Financial and business terms
negligence — Negligence. s. f. Nonchalance, faute de soin & d application. Grande, extreme negligence. negligence punissable. quelle negligence! vit on jamais telle negligence? il y a bien en cela de la negligence de vostre part. A la negligence. Façon de… … Dictionnaire de l'Académie française
negligence — negligence, neglect are not always clearly distinguished in use, even though the lines between them may be drawn with some clearness. Negligence stresses the quality or fact of being negligent or careless either as shown in a lack of care in the… … New Dictionary of Synonyms
Negligence — Neg li*gence, n. [F. n[ e]gligence, L. negligentia.] The quality or state of being negligent; lack of due diligence or care; omission of duty; habitual neglect; heedlessness. [1913 Webster] 2. An act or instance of negligence or carelessness.… … The Collaborative International Dictionary of English
negligence — Negligence, Negligentia, Incuria, Indigentia, Inertia, Segnities, vel Segnitia, Oscitantia, Otiositas, Neglectus huius neglectus. Eviter le blasme de negligence, Offensionem negligentiae vitare atque effugere. Poursuyvir la negligence qu a eu… … Thresor de la langue françoyse
negligence — (n.) mid 14c., from O.Fr. negligence negligence, sloth; injury, injustice (12c.), and directly from L. neclegentia, neglegentia carelessness, heedlessness, neglect, from neglegentem (nom. neglegens) heedless, careless, unconcerned, prp. of… … Etymology dictionary
negligence — [neg′lə jəns] n. [ME neglygence < OFr négligence < L negligentia] 1. the quality or condition of being negligent; specif., a) habitual failure to do the required thing b) carelessness in manner or appearance; indifference 2. an instance of… … English World dictionary