negligence

As a tort, negligence has three elements: (1) the defendant owed the plaintiff a duty of care; (2) he breached it by falling below the standard of a reasonable person; and (3) the breach caused damage that is not too remote. The duty exists towards one's “neighbours”, persons so closely affected by one's act that one ought reasonably to have them in mind.

Negligence is also a state of mind in criminal law, where causing death by a rash or negligent act is a separate offence; criminal negligence requires a higher degree of carelessness than civil negligence.

Example

The manufacturer owed the consumer a duty of care, and the snail in the sealed bottle showed negligence in its production.

In Indian law

• Donoghue v. Stevenson (House of Lords, 1932): neighbour principle
• Section 106, BNS (old s.304A IPC): causing death by negligence

See also

duty of care · breach of duty · contributory negligence · res ipsa loquitur

Read more in the study notes

• Need for ADR, international commitments and suitability of disputes (Alternative Dispute Resolution Systems)
• Banker and customer: who they are and the legal character of the relationship (Banking Law)
• Duties of banker and customer: honouring cheques and secrecy of accounts (Banking Law)
• Banking as a service: consumer protection and the RBI Ombudsman (Banking Law)
• Holder and holder in due course, parties to instruments, their liability and payment in due course (Banking Law)
• Paying banker, collecting banker and crossing of cheques (Banking Law)