Torts Law - Negligence

Question 1

Negligence Intro

Answer 1

The Apex Court in Jacob Mathew v. State of Punjab, observed : Negligence is the breach of a duty caused by the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do.

Question 2

Elements \ constituents of negligence

Answer 2

The definition involves three constituents of negligence :
1) A legal duty to exercise due care on the part of the party complained of towards the party complaining the former’s conduct within the scope of the duty;
2) breach of the said duty; and
3) consequential damage.”