上述三術(shù)語(yǔ)均指行為人并非預(yù)謀損害他人但事實(shí)卻可能使他人遭受損失的一種違法行為。recklessness是指雖然無(wú)故意，但行為人卻在可能預(yù)見(jiàn)危險(xiǎn)的情況下有意不顧他人的安危而冒 險(xiǎn)，故其為“莽撞行為”[1]。negligence則是指行為人未行使合理的或應(yīng)有的注意或小心而給他人造成損害，但其行為常并非 willful 或 desired，故其為“過(guò)失”[2]。intentional wrong (也稱為 willful wrong)則為“有意過(guò)錯(cuò)”[3]。三者相比，negligence情節(jié)最輕；recklessness的過(guò)錯(cuò)情節(jié)雖較negligence嚴(yán)重[4]，但卻比 intentional wrongdoing 的過(guò)錯(cuò)輕。

[1]“Characterized by the creation of a substantial and unjustifiable risk to the lives, safety, or rights of others and by a conscious and sometimes wanton and willful disregard for or indifference to that risk that is a gross deviation from the standard of care a reasonable person would exercise in like circumstances. " Cf. Linda Picard Wood，J. D. , Merriam Webster's Dictionary of Law, at p. 409, Merriam-Webster, Incorporated, Springfield, Massachusetts (1996).

[2]“An independent tort which consists of breach of a legal duty to take care which results in damage, undesired by the defendant, to the plaintiff.”Cf. John G. Fleming, The Law of Torts, 6th edition, at p. 101，Sydney, The Law Book Co. (1983).

[3]“A wrong in which the mens rea amounts to intention, purpose, or design. ”Cf. Bryan A. Gamer, Black's Law Dictionary, 7th edition, at p. 1606，West Group (1999).

[4]“Sometimes the term recklessness is used as just another word for negligence, but usually it signifies a higher degree of culpability. To be negligence, it is enough that one fail to perceive a risk that a reasonably careful person would have perceived； to be reckless is to be aware of a significant risk to others and proceed anyway. ”Cf. James E. Clapp, Random House Webster's Dictionary of the Law, at p. 363，Random House, New York (2000).