What is negligence?
Negligence is the breach of duty that is caused by the omission to do something, which a reasonable man would do under those circumstances. Actionable negligence includes neglect of the use of ordinary care or skill towards a person to whom the defendant owes the duty of observing ordinary care or skill, the neglect of fridge causes injury to the plaintiff’s person or property.
According to Winfield, negligence as a tort is the breach of the legal duty to take care resulting in damage to the plaintiff, undesired by the defendant.
Negligence is conduct that falls below the standard established by law to protect people against risk and unreasonable harm
Negligence is based on conduct, not state for mind. It is not measured by the defendant’s mental carelessness but by whether the conduct objectively falls below the requisite standard of care.
Two theories of negligence.
- Subjective theory– according to Austin negligence is a faulty mental condition that is penalized by the award of damages. Although negligence is not synonymous with thoughtlessness or inadvertence, it is, nevertheless, in his view essentially an attitude of indifference. Negligence according to Salmond essentially consists of the attitude of undue indifference concerning one’s conduct and its consequences. Winfield also supports this theory and says that as a mental element in tortious liability negligence usually signifies a total or partial inadvertence of the defendant to his conduct and for its consequences. In exceptional cases, there may be full advertence to both the conduct and consequences but in any event, there is no desire for the consequences and this is the touchstone for distinguishing it from intention.
- Objective theory- according to this theory negligence is not a particular state of mind or form of men’s Rea at all, but a particular kind of conduct all ok is a supporter of this theory and writes that negligence is the contrary of diligence and no one describes the legends as a state of mind divisions today means activity which is not a state of mind negligence is the branch of duty to take care and take care needs to take precautions against the harmful result of one’s actions and to refrain from unreasonable conducts to drive at night without light is negligence because to carry lights is a precaution taken by reasonable and prudent man for the avoidance of accidents and amount of care which is reasonable in the circumstances of the particular case this obligation to use reasonable care is commonly expressed by reference to the conduct of a reasonable man or an of an ordinarily prudent man meaning thereby reasonably prudent man.
Conditions of liability for negligence
Actionable negligence emphasizes in the negligence of the use of care towards a person to whom the defendant owes the duty of observing the ordinary skill or care, by which neglect, the plaintiff has suffered injuries of his person or property.
The essential conditions for liability of negligence therefore are-
- That the defendant was under a legal duty to exercise due care and skill is there cannot be any liability for negligence unless there is a breach of some legal duty.
- That the duty was towards the plaintiff.
- That there was a breach of the duty on that part of the defendant that is the defendant failed to perform the duty to exercise his due care and skill.
- That there was injury or damage as a natural and probable consequence and the direct cause of the breach of the duty. In other words, the breach of such duty should be the causa causes i.e. the proximate cause of the damage complained of.
If the causal connection between the negligent act, and the damage is not directing the damage is too remote for which there is no remedy at law.
Kinds of negligence
- Comparative negligence– this is a situation where the plantar is partially responsible for his injuries. In such cases, a percentage of damages is required to be paid. As a consequence, the amount of damages to be paid is reduced by the percentage of fault. For example- the plaintiff is to be awarded 50000 rupees for a car crash, it has been examined by the judiciary that the plant is himself responsible for 30% of injuries. The amount to be awarded would be reduced by 30%.
- Contributory negligence– contributory negligence does not depend on the breach of any duty between the plaintiff and defendant, but it depends entirely on the question of whether the plaintiff could reasonably be avoided the consequences of the defendant’s negligence. If contributory negligence is alleged against the plaintiff it must be proved that the plaintiff had the knowledge of the existing danger or the defendant’s negligence and that the plaintiff could have reasonably avoided such negligence or danger. In this case, the plaintiff would receive no damages.
- Combination of comparative and contributory negligence- the system of combining the elements of comparative negligence and contributory negligence is a modified version of contributory negligence. In such cases, if the plaintiff is not responsible for more than 50% of his injuries, we can recover the damages.
- Gross negligence– cases in which the negligence was so careless that it showed a complete lack of concern for the safety of others, I called the cases of gross negligence. Gross negligence is a much serious form of negligence that goes a step further than simple careless
actions. - Vicarious negligence– vicarious negligence is the liability of another person or animal. For example, if a dog causes injuries to some person, the owner of the owner would be held liable for the damages.
