Negligence is a legal concept usually used to achieve compensation for accidents and injuries.Negligence is the breach of a legal duty to take care which results in damage, undesired by the defendant to the plaintiff. In the modern law of tort the word negligence has two meanings;
1. It indicates the state of mind of a party in doing an act.
2. It means a conduct which law deems wrongful.
Negligence is a breach of a legal duty to take care. Negligence is a type of legal fault as it sets an objective standard to which person behavior must conform.
Law of Negligence
Definition given by eminent jurists:
Prof. Salmond: He considers negligence as a state of mind which was an element for liability for torts.
Winfield: “Negligence as a tort is the breach of a legal duty to take care which results in damage, undesired by the defendant to the plaintiff.”
Blyth vs. Birmingham Waterworks Co. (1856) IIEX 781
Negligence is the breach of a duty caused by the omission to do something which a reasonable man guide by those consideration which ordinarily regulate the conduct of human affairs would do or doing something which a reasonable man not do.
The law takes cognizance of carelessness. It concerns itself with carelessness only where there is a duty to take care and where failure in that duty has caused damage. In such circumstances carelessness assume the legal quality of negligence. Cricket ball case:
Bolton vs. Stone (1951) AC 850
Stone injured by a cricket ball while standing on the highway.
Essentials of negligence:
Duty to take care.
Absence of due care
1. Duty to take care:
There is no negligence unless there is in the particular case a duty to take care.
Donough vs. Stevenson (1932) AC 562
The law takes no cognizance of carelessness in the abstract. It concerns itself only when there is a duty to take care and where failure to that duty has caused damage.
a) The duty must be towards the...