Negligence

NEGLIGENCE
Negligence is the act or omission done by the offender carelessly due to which the harm is caused to the plaintiff. The harm can be physical harm, mental harm, economically loss, monetary loss, harm to property, harm to reputation etc. The harm caused to the plaintiff due to the negligence of the defendant he therefore can sue him in a court of Law.
Negligence means Tortuous Liability or it also means Independent Tort. Tort is a civil wrong and the remedy is the monetary compensation.


Essentials of Negligence
1. Duty to take care:- It is a legal duty of the defendant towards the plaintiff.
Illustration
The plaintiff bought few vegetables from the vendor by eating those vegetables he got stomach infection. The vegetables had some hazardous chemicals which caused stomach infection to the plaintiff. Due to the negligence of the vendor that he grew vegetables in the chemical which caused the plaintiff stomach infection. Therefore, the vendor is liable as he failed to perform the duty to take care.

2. Duty to Whom:- The duty raised extends to your neighbour. Explaining so as to who is my neighbour LORD ATKIN said that the answer must be “the persons who are so closely and Directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question”.
Illustration
The defendant dumped some hazardous chemical on the roadside dustbin due to which the people walking down the road caused diseases therefore the defendant is liable because the people are affected by his act.
3. Duty must be towards the plaintiff:- The defendant owed a duty of care towards the plaintiff.
Illustration
The plaintiff’s child was drowning in a pool and the defendant was standing there itself but didn’t save the child therefore the plaintiff filed a suit against the defendant but didn’t succeed as it is not the legal duty of the defendant that he must save the child it is the duty of the parents to look after the child.
4. Breach of duty to take care:- The liability in negligence is that the plaintiff must prove that the defendant committed a breach of duty to take care or he failed to perform that duty.

Illustration
The plaintiff hired a babysitter and in the absence of the plaintiff the baby ate dog food which was already half eaten by the dog due to which the baby died. The babysitter is held liable because it was the duty of the babysitter to take care of the baby.

5. Consequent damage or consequential harm to the plaintiff:- The damage caused to the plaintiff was the result of the breach of duty of the defendant. It may be physical harm, mental harm, monetary harm, harm to reputation etc.
Illustration
The defendant hit the car of the plaintiff due to which he is liable for the damages occurred to the car of the plaintiff.

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.

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