The Law Of Negligence: Understanding Duty, Breach And Causation
- IJLLR Journal
- May 1
- 2 min read
Sunakshi Choudhary, Army Institute of Law, Mohali
INTRODUCTION
Negligence is a rudimentary concept in tort law. It means not being able to meet with the kind of care that a judicious being would have exercised under the identical circumstances. It is the failure to take ordinary care and failing to fulfill the duty may result into breach of that duty and it may have certain consequences. The term "negligentia," implies "failing to pick up," is the root of the phrase "negligence." i.e. Failing to take relevant care anticipated to be taken in comparable conditions. In everyday life, the tenure "negligence" refers to carelessness or the state of being careless, but from a legal perspective, it refers to failing to discharge the fundamental caution that a reasonable person would exercise under any circumstances. In general, the law on negligence can be evaluated using a four-part model that encompasses the assessment of duty, breach, actual cause, proximate cause, and damages. In English Law, negligence appeared as a sovereign cause of action (18th Century). There was no provision in Indian law for causing someone to die due to negligence in the IPC, 1860. This was changed in 1870 by adding Sec. 304A. In similar fashion, person who is held liable for negligence will have to pay damages to the affected party resulting from their actions. The Plaintiff is the one who is responsible for proof, it is undisputed that the plaintiff must upheld each of these elements to make out the prima facie case of negligence.
Illustrations:
A grocery store has a porous ceiling that creates a puddle in the aisle. A consumer breaks their arm after slipping on the slippery floor. The store has an obligation to maintain the safety of its property. The store breached its duty of care by neglecting to repair the leak or post a warning notice, which resulted in an accident.
When an accountant ‘X’ fails to file a customer’s tax return on time, the client loses money and incurs fines. Accurately handling and filing the client’s tax returns was the accountant’s duty. Financial harm resulted from carelessly missing the deadline, unveiling professional negligence.
