Final answer:
Negligence refers to the breach of a duty that leads to reasonably foreseeable harm. In the provided counter example, the car manufacturer's knowledge of a brake defect and decision to sell the cars regardless of the risk exemplifies negligence, resulting in liability for the consequent harm.
Step-by-step explanation:
A breach of a duty that results in reasonably foreseeable harm is known as negligence. In the provided Counter Example Situation 3, the manufacturer of automobiles was aware of defects in the brake system of one of their models, which could likely cause brake failure leading to accidents, injuries, and deaths.
By deciding to proceed with the production and sale of this defective model, the manufacturer breached a duty of care owed to consumers and the public, resulting in foreseeable harm. This breach makes the manufacturer liable for the resulting injuries and deaths due to their prior knowledge of the defect and the likelihood of brake failure.