Duty of Care/Intent or Negligence
Duty of Care
A tort can occur when, under the law, one person owes another a duty of care but fails to fulfill that duty. Every person owes a duty to all other persons to use reasonable care to avoid causing injury to them or their property.
Intent or Negligence
A defendant may be found liable to a plaintiff for committing a tort if the action was (a) intentional, as in the case of a crime; or (b) unintentional but negligent, because the defendant did not fulfill his duty of care to the plaintiff.