Negligence

 Negligence is a breach of the obligation for negligence, this is what a rational person will do under the guidance of considerations that normally regulate human affairs, or will do things that a cautious and rational person would not do. The negligence which is actionable that consists the neglect of the use of ordinary care towards the person to whom the defendant owes the duty of observing the skill and the care. The defination of negligence includes the three  main constituents and those are –A duty which is legally excercise the due care towads the party that complaining the conduct within the scope of the duty , breach of the duty and the consequential damages. In tort law, negligence can mean  the mental state of a specific tort or  an independent tort. There is criminal intent in criminal negligence. In civil negligence, the actions of the parties are important.

Negligence is categorised in three forms-

Nonfeasance: Refers to the act of not doing what one should do. For example, not repairing an old building when it should be repaired.

 Misfeasance: Refers to behavior that does not perform an operation correctly when it should have been performed correctly. For example, repairing old buildings but using poor-quality materials for repairs will increase the possibility of collapsing and causing injuries.

Malfeasance: Represents the act of doing something that should not be done. For example, the use of unlicensed products and fuels to repair old buildings, turning the building into a fire trap, leading to accidents.

The essential conditions for the negligence

  1. Duty of care

 • If it is not required to be required, it can be insignificant since it is delighted with the whole world. However, when a man is doing an act and he knows the result, it can cause another damage. He then has the obligation to take care of others.

 • If a person drives a vehicle, he must be careful to have a service of care for pedestrians. Be careful not to do to people who carry affiliated things in a place full of people to injure people. Manufacturers must pay attention to consumers. Physicians in progress need to care for the patient. The category of negligence never closed.

  •  The duty towrds the Plantiff

 Obligations arise when the law recognizes the relationship between the defendant and the plaintiff and requires the defendant to treat the plaintiff in a certain way. It is not enough that the accused has the duty to watch over the plaintiff. You also have to determine it, which is usually determined by the judge.

  • Breach of duty to take care

It is not enough for the plaintiff to prove that the defendant has a duty of care to him. It must also prove that the defendant violated his obligation to the plaintiff. The defendant failed to take reasonable care within the scope of his duties, thereby violating that duty. In other words, a breach of duty of care means that a person with an existing duty of care must act with caution and must not omit or implement any behavior that he or she must do or not do.

  • Actual Cause

In this case, the plaintiff who sued the defendant for negligence has the responsibility to prove that the defendant’s negligence was the actual cause of the damage he suffered. For example, when a bus collided with a car, the behavior of the bus driver was the actual cause of the accident.

Negligence as a tort has evolved from British law and is accepted by Indian law as a very important tort. To prove that an act is negligent it is necessary to prove all the requirements, namely, obligations, breach of obligations, compensation for damages and real and proximate causes. When negligence cannot be explained, the court will use an important criterion of negligence, namely Res Ipsa Loquitur. In addition, the defendant can use the defense in the negligence lawsuit to defend himself, in order to prevent the plaintiff from filing a lawsuit.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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