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Dr KK Aggarwal 25 January 2021
“Negligence is 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.”1
The essential components of negligence, as recognized, are three: “duty”, “breach” and “resulting damage”, that is to say:2
The existence of a duty to take care, which is owed by the defendant to the complainant;
The failure to attain that standard of care, prescribed by the law, thereby committing a breach of such duty; and
Damage, which is both causally connected with such breach and recognized by the law, has been suffered by the complainant (Para 1.23). If the claimant satisfies the court on the evidence that these three ingredients are made out, the defendant should be held liable in negligence (Para 1.24).
The standard of care has to be judged in the light of knowledge or equipment available at the time (of the incident) and not at the date of the trial.
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