Suhrit Singh, Symbiosis Law School, NOIDA
ABSTRACT
The purpose and meaning of negligence have been ever evolving. Jurists like Salmond and Winfield have a tremendous contribution to the tort of negligence. However, the theories given by them have not remained the same over the centuries. In 21st century, the tort of negligence has been generalized as compared to when it was still evolving in the 19th century. Jurists like Salmond and Austin have associated negligence with a faulty mental condition that morphs into culpable carelessness which should be sanctioned.
The concept of negligence finds its origin in Roman Law, which was followed in the Roman Empire. In Ancient Rome, when a person committed a wrong and it resulted in some kind of tangible damage to another person, the wrongdoer had to compensate the person who suffered the damage. The entire law of torts as we know today emanates from Roman Law, and the laws in United Kingdom have been made based on the Roman Law, with modifications to suit the conditions and life in Britain. The liability arising out of negligence was initially recognized in specific circumstances which included common callings, such as surgeons, ferrymen, masons, etc. However, it wasn’t restricted to this. Acts like nuisance and trespass were also classified under negligent acts. In the 19th century, these acts were separated and negligence became a separate tort in itself.
Since then, there have been a lot of modifications and interpretations by different courts of different countries including the United Kingdom, the United States of America, Australia, and even India.
