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ARTICLE · 19 JANUARY 2023

Negligence vs Recklessness

Adams & Adams
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Adams & Adams

Adams & Adams

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Consumers procure insurance for many reasons.

South AfricaInsurance

Consumers procure insurance for many reasons. One of the reasons is to protect themselves from their own actions.

Negligence v recklessness

Some actions enjoy cover under insurance policies whilst others don't. For example, negligent actions are usually covered whilst reckless actions are usually not. Negligence can colloquially be defined as failing to act reasonably which is determined by an objective test, enquiring whether an insured acted below the standard expected from a reasonable person under the same circumstances. Recklessness, on the other hand, is loosely defined as having knowledge of the danger associated with one's actions but not caring about the result thereof. Contrary to the objective test associated with negligence, the test for recklessness is subjective, enquiring as to the state of mind of the insured at the time of their actions.

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