Meaning and Definition of Negligence
By: Mutex Robb | Posted: 18th February 2011
Negligence is one of the most important and common torts in the law. Although its origins are to be found in trespass and trespass on the case, the action was developed and formulated only in the 19th Century; it now exists in its own right as a separate and independent tort.
Negligence implies absence of intention to cause the harm complained of. It means careless or unreasonable conduct. But merely unreasonable conduct without damage is not actionable though it may be a punishable offence. Such conduct when followed by harm to another gives rise to liability for negligence. Negligence in law signifies a coming short of the performance of duty.
According to Swayne J., "Negligence is the failure to do what a reasonable and prudent person would originally have done under the circumstances of the situation".
As per Winfield, "Negligence as a tort is the breach of a legal duty to the care which results in damage, undesired by the defendant, to the plaintiff".
Negligence may be defined as unreasonable conduct, i.e. conduct which a reasonable man would avoid on the ground that it involves undue risk of harm to another.
Negligence may be defined as "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". He has nonetheless imputed something disgraceful and has nonetheless injured the plaintiff.
Under those circumstances he has no defense to the action, however, excellent his intention. If the intention of the writer be immaterial in considering whether the matter written is defamatory, I do not see why it need be relevant in considering whether it is defamatory of the plaintiff". It is resulted due to the weak mind of subjective.
If the car driver was in sadness and troubles or indifference, it was his duty not to drive the vehicle. When a man did an accident, it depends upon his psychological feelings, and more particularly on his indifference. Terry says, "Negligence is conduct, not a state of mind conduct which involves an unreasonably great risk of causing damage".
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Tags: defendant, sadness, plaintiff, indifference, negligence, 19th century, omission, breach, car driver, tort