Which legal theory refers to the failure to exercise ordinary care?

The legal theory that refers to the failure to exercise ordinary care is negligence. Negligence is grounded in the principle that individuals and organizations have a duty to act with reasonable care to avoid causing harm to others. If someone fails to meet this standard of care, they may be held legally responsible for any damages that result.

In the context of privacy and data protection, negligence can arise when an organization fails to take appropriate measures to protect personal data, leading to data breaches or other harms to individuals. Courts will typically assess whether the defendant acted as a reasonable person would have under similar circumstances when determining negligence.

The other options, while relevant legal concepts, pertain to different areas of law. Defamation involves making false statements that harm someone's reputation. Breach of warranty relates to the failure to uphold the terms of a promise regarding the quality or performance of a product. Strict tort liability does not require proof of negligence but focuses on the inherent risks associated with certain activities or products. Each of these concepts plays distinct roles in legal discourse, but negligence specifically deals with the failure to exercise ordinary care.