The Municipal Corporation of Dellhi having the control of the structure failed to take care and was therefore, liable. The structure was 80 years old whereas its normal life was 40-45 years. Subhagwanti, AIR 1966 SC 1750 a clock-tower in the heart of the Chandni Chowk, Delhi collapsed causing the death of a number of persons. BREACH OF DUTY TO TAKE CARE: Yet another essential condition for the liability in negligence is that the plaintiff must prove that the defendant committed a breach of duty to take care or he failed to perform that duty. It was held that the deceased had no duty of care towards the plaintiff and hence she could not claim damages.Ĥ. She sued the representatives of the deceased motor-cyclist. Consequently, she suffered a nervous shock and gave birth to a still-born child of 8 months. She had simply heard about the collision and after the dead body had been removed she went to the place and saw blood left on the road. The plaintiff could see neither the deceased nor the accident as the tram was standing between her and the place of accident. While she was being helped in putting her basket on her back, a motor-cyclist after passing the tram collided with a motor car at the distance of 15 yards on the other side of the tram and died instantly. Young, 1943 AC 92 the plaintiff, a fishwife, alighted from a tram car. It must also be established that the defendant owed a duty of care towards the plaintiff. DUTY MUST BE TOWARDS THE PLAINTIFF- It is not sufficient that the defendant owed a duty to take care. Explaining so as to who is my neighbour LORD ATKIN said that the answer must be “the persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question”.ģ. Stevenson, 1932 AC 562 carried the idea further and expanded the scope of duty saying that the duty so raised extends to your neighbour. The manufacturers were held liable as they failed to perform their duty to take care.Ģ. The woolen underwear contained an excess of sulphates which the manufacturers negligently failed to remove while washing them.
#ESSENTIAL ACTION DEFINITION SKIN#
Australian Knitting Mills Ltd., 1935 AC 85 the plaintiff purchased two sets of woolen underwear from a retailer and contacted a skin disease by wearing an underwear. The following case laws will throw some light upon this essential element. DUTY TO TAKE CARE: One of the essential conditions of liability for negligence is that the defendant owed a legal duty towards the plaintiff. ESSENTIALS OF NEGLIGENCE: - In an action for negligence, the plaintiff has to prove the following essentials:ġ. Mc Mullan, 1934 AC 1 LORD WRIGHT said, negligence means more than headless or careless conduct, whether in commission or omission it properly connotes the complex concept of duty, breach and damage thereby suffered by the person to whom the duty was owing. would do, or doing something which a prudent or reasonable man would not do. defined negligence as, negligence is the omission to do something which a reasonable man……. Birmingham Water Works Co., (1856) LR 11 Exch. WINFIELD AND JOLOWICZ: According to Winfield and Jolowicz- Negligence is the breach of a legal duty to take care which results in damage, undesired by the defendant to the plaintiff.Negligence is a mode in which many kinds of harms may be caused by not taking such adequate precautions. In general, there is a legal duty to take care when it was reasonably foreseeable that failure to do so was likely to cause injury. In legal sense it signifies failure to exercise standard of care which the doer as a reasonable man should have exercised in the circumstances. MEANING: In everyday usage, the word ‘negligence’ denotes mere carelessness. Negligence As A Tort: Meaning Essentials And Defences: An Overview The tort of negligence has been explained in a very lucid manner taking into consideration its meaning, essentials, denences and relevant case laws.
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