NEGLIGENC
Dr. Khakare Vikas
Asso. Prof.
Narayanrao Chavan Law College,
Nanded, India
Dr. Khakar e Vikas
Dr. Khakare Vikas
NEGLIGENCE
• Negligence is one of the most common tort. It is formulated in 19th century.
• In law of torts, negligence may mean
A. A state of mind in which a particular tort may committed or
B. An independent tort.
Dr. Khakare Vikas
Definitions
• Austin, ‘ Negligence is a faulty mental condition
which is penalized by the award of damage.’
• Winfield, ‘as a mental element in tortious liability,
negligence usually signifies t o t a l o r p a r t i al
inadvertence of the defendant to his conduct and for
its consequences.’
• Clark and Lindsell, ‘negligence is the omission to
take such care as under the circumstance it is the
legal duty of a person to take.’
• Pollock, ‘ negligence is contrary to diligence.’
Dr. Khakare Vikas
Essential condition to sue for negligence
1. The defendant was under a duty of care to the plaintiff.
2. The duty was towards plaintiff
3. There had been a breach of that duty
4. As a result the plaintiff has suffered damage.
1. Duty of care dkGth ?ks.;kph drZO;
• A man may be as negligent as he pleases towards the
whole world, if he owes no duty to them. But when a
man does any act and he know its consequence, that it
is likely to cause any harm to another; then he is having
a duty of care towards another persons.
