"Negigence" is the breach of a legal duty by ommission to do something which a reasonable man would do or by doing something which a reasonable man would not do.So negligence arises from "Nonfeasance or Misfeasance".
Negligence is simply neglect of care which law requires.The concept of care is acorrelative term.Care is measured by the conduct of a reasonable man in that particular situation.The degree of care varies with the circumstances and chances of risk.Negligence,amounts to the absence of care which a prudent and reasonable man would take in the circumstances.It is not necessary that the duty neglected should have risen out of a contract between the Plantiff and Defendant.
Negligence in Law :
Negligence in Law is therefore:
1. A Breach of Duty
2. Unintentional
3. Producing injury to another.
Degree of Care :
The degree of care which a man is required to use in aparticular situation varies with the obviousness of the risk.If the danger is slight only a slight amount of care is required.But persons who profess to have special skill or who have voluntarily undertaken a higher degree of duty are bound to exercise more care than an ordinary prudent man.
Essentials :
1. The defendant should be under a legal duty of care and skill.
2. Such duty must be towards the plantiff.
3. The defendant must have failed to perform that duty.
4. The loss or damages must be direct from the negligent act of the defendant.
5. The burden of proof of negligence is on the plantiff.
Eg:
In a ginger beer bottle decomposed remains of a dead snail were found.The plantiff drank the beer and became seriously ill.The court held that the manufactures of beer were liable because of the fact of negligence,though there was no contractual duty to take care.
Defences:
The Defences of Negligence are two types.
1. Act of God and
2. Inevitable accident.
Act of God :
Act of God or Vis Major is by supernatural power like lighting,flood,etc.,Something escapes and causes damage,the defendants is not liable.
Inevitable accident:
If the injury or loss is due to unavoidble circumstances beyond the human control,then for such injuries a person cannot be sued under the tort of negligence .
Eg:
Dust falling in the eyes of a driver and subsequently resulting in an accident ,dashing with one another in a croeded area are all instances of inevitable accident.
This article is helpful to know the Negligence of act in the Tort.