Canadian Accredited Insurance Broker (CAIB) One Practice Exam

What is a key factor in determining negligence?

1. Intent to cause harm

2. Presence of a contract

3. Carelessness compared to a reasonable man

4. Approval from a third party

The correct answer is: Carelessness compared to a reasonable man

Negligence is primarily assessed by evaluating the conduct of the individual against the standard of a "reasonable person." This comparison is essential in determining whether a defendant acted with the requisite level of care, or lack thereof, in a given situation. When assessing negligence, the courts often look to whether an ordinary person, placed in similar circumstances, would have acted differently to avoid harm. If it can be demonstrated that the individual's actions fell short of this standard of care — essentially showing carelessness — then negligence may be established. This principle helps to ensure that individuals are held accountable for their conduct that leads to unintended harm to others. The other choices do not have a direct bearing on the determination of negligence. Intent to cause harm is more aligned with intentional torts rather than negligence; the presence of a contract relates to breach of contract issues rather than negligent acts; and approval from a third party is not a factor in assessing an individual's standard of care in negligence claims. Thus, using the standard of care defined by a reasonable person's actions is pivotal in evaluating allegations of negligence.