NEGLIGENCE

Introduction:             Negligence is a breach of duty caused by the omission to do something which a reasonable man, guided by that consideration which originally regulate the conduct of the human affairs would do or doing something, which a prudent and reasonable man could not do.  It is a neglect of the use of ordinary care or skill towards a person to whom defendant owns duty of observing ordinary care and skill, by which neglect the plaintiff has suffered injury to his person or property.

In law, negligence and duties are co-relative terms.  A person, in order to be liable for negligence in relation to another, must have, in the particular case, a legal duty to take care of that other.  In absence of such legal duty, negligence in the popular sense, has no legal consequences.  Negligence is the second form of mens rea.  Intention and negligence both are the mental attitudes, which a person has towards the consequences of his act.  When a person does an act foreseeing and desiring the consequences, he is said to have the intention to do the act.  Negligence is thus, not doing an act which one is under duty to do and causes risk danger or harm.  Such negligence is wrongful.  He must take reasonable care to avoid acts or omissions which he can reasonably force you would be likely through injure the others, but he need no more than this.

Salmond:                    "If you are driving on a Salisbury plains, you are at liberty to drive as fast as you can but soon as you witness vehicle approaching towards you, then duty is cast on you by law to take care towards such vehicle; the degree of care increases as proximity decreases.

Meaning:                     Negligence is a breach of duty caused by the mission to do something which a reasonable man would do or doing something which a prudent and  a reasonable man would not do.  In short, when there is a duty to take care and there is a breach of duty which subsequently result into the injury to the legal rights of the another person or to his property.  Then the act is said to be negligent act.

Meaning in Law of Tort:

1. Negligence is one of the mode of committing certain torts, for e.g. Committing trespass carelessly, or negligently or carelessly committing nuisance or defamation. Therefore in this context it has reference to mental element.
2. Negligence is considered as a separate tort. It means a conduct which creates a risk of causing damage, rather than a state of mind.

Case Law:

Queen Bench In Heaven Vs. Pender[1]:                      In this case court stated that, ''actionable negligence consist in the neglect of the use of ordinary care or skill towards a person to whom  the defendant owns the duty of observing ordinary care and skill, by which neglect the plaintiff  has suffered injury, to person or property''.

[1] 1883