 Theoretical overview
Negligence is a civil tort that occurs when a person breaches his or her duty of care causing some legal injury to other person.
For example: if a pharmaceutical company launches a drug without testing on human it can be considered as negligence .
An office where the mopping process is going on and there is no sign of wet floor in it can be considered as negligence.
Essential of negligence
- Duty to take reasonable care: it is one of the essential conditions of negligence under tort law to make the person liable. It means that each person has a duty of care to another person while doing some work.
- Duty should be toward plaintiff: A duty arises when the law recognizes the relationship between the defendant and the plaintiff and requires the defendant to act in a certain way towards the plaintiff.
- Breach of duty of care: It is not enough for a plaintiff to prove that the defendant owed him a duty of care, but he must also establish that the defendant has breached his duty to the plaintiff. A defendant breaches such duty by failing to exercise reasonable care in performing the task.
Defenses available for negligence
- An act of god : An Act of God is a direct, violent and sudden act of nature that could have been foreseen by any amount of human foresight and if not resisted by any amount of human care and skill. Thus, such actions which are due to the basic forces of nature come under this category. For example, hurricanes, thunderstorms, exceptionally high tides, exceptional rainfall etc. If the injury or death of any person is caused by natural calamity, the defendant shall not be liable provided he proves it in a court of law.
- An inevitable accident: It means a physically unavoidable accident. Inevitable accident also works as a defence of negligence. An inevitable accident is that which could not possibly, be prevented by the exercise of ordinary care, caution and skill. it means accident physically unavoidable.
Important case laws
Brown vs. Kendal (1850)
Facts of the Case: – The plaintiff and defendant dogs were fighting and their owners attempted to separate them. In an attempt to do so, the defendant thrashed the dogs with sticks and accidentally injured the plaintiff, causing serious injury to his eye. The plaintiff filed a case of assault and battery against the respondent.
Judgement of the Case: – In this case, the court held that the injury of the plaintiff was caused by an unavoidable accident. So, the defendant will not be held liable for his act.
Municipal Corporation of Delhi vs. Subhagvanti (AIR 1966)
Facts of the Case: – A very old clock tower situated right in the middle of the congested area of ​​Chandni Chowk suddenly collapsed, killing many people. The clock tower was 80 years old although the typical life span of the clock tower should have been 40-45 years. The clock tower was under the control of the Municipal Corporation of Delhi and had a duty to the citizens.
Judgement of the Case: – By neglecting to repair the clock tower, the municipal corporation of Delhi violated their duty towards the public and was thus held liable.
Grant vs. Australian Knitting Mills Ltd., 1935 AC 85;
the plaintiff purchased two sets of woolen underwear from a retailer and contacted a skin disease by wearing an underwear. The woolen underwear contained an excess of sulphates which the manufacturers negligently failed to remove while washing them. The manufacturers were held liable as they failed to perform their duty to take care.
the defendant had a series of artificial lakes on his land in the construction or maintenance of which there had been no negligence on the part of defendant. Owing to an exceptional heavy rain, some of the reservoirs burst and carried away four country bridges. It was held that, the defendant was not liable as the water escaped by the act of God.
Points to remember
- Negligence is a civil tort that occurs when a person breaches his or her duty of care causing some legal injury to other person.
- It is one of the essential conditions of negligence under tort law to make the person liable. It means that each person has a duty of care to another person while doing some work.
- It is not enough for a plaintiff to prove that the defendant owed him a duty of care, but he must also establish that the defendant has breached his duty to the plaintiff.
