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"Negligence as a tort is the breach of a legal duty to take care which results in damage, undesired by the defendant, to the plaintiff. Thus, its ingredients are: (a) A legal duty on the part of A towards B to exercise care in such conduct of A as falls within the scope of the duty. (b) Breach of that duty. (c) Consequential damage to B."

26. The Hon'ble Supreme Court in the case of SHYAM SUNDER VS. STATE OF RAJASTHAN reported in AIR 1974 SC 890 has in paragraphs No. 10 observed thus:

"The maxim is stated in its classic form by Erle, C.J. See: Scott Vs. London & St. Katherine Docks (1865) 3 H & C 596, 601: