Negligence As A Tort ( Defitions ) - 2345 Words

1. INTRODUCTION Tortious liability in negligence is a very amorphous topic which has evolved through many centuries through different interpretations of case’s by the jurist who decided them and tried to set a guideline for rest of the world to follow them and so as to rights of everyone is enjoyed in an equal manner without someone suffering because of actions of another’s negligent conduct and if one does suffer then he could have remedy for loss suffered by him. We look into negligence as a constituents of torts and how negligence is defined by other jurist in the introduction chapter of this project. 1.1 NEGLIGENCE AS A TORT (DEFITIONS) Negligence as a tort is a breach of a legal duty to take care which results in damage to the plaintiff. More elaborate definition of negligence can be â€Å"A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behaviour usually consists of actions, but can also consist of omissions when there is some duty to act (e.g., a duty to help victims of one s previous conduct).† According to Swayne J. of United States, â€Å"Negligence is the failure to do what a reasonable and prudent person would ordinarily have done under circumstances of the situation.† The Supreme Court of India has also coined a definition in one of its judgement it observed that â€Å"Negligence is the breach of a duty caused by the omission to do something which a reasonable man, guided by those