Skip to main content
Indian Kanoon - Search engine for Indian Law
Document Fragment View
Matching Fragments
"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. Actionable negligence consists in the
neglect of the use of ordinary care or skill towards a
person to whom the defendant owes the duty of
observing ordinary care and skill, by which neglect the
plaintiff has suffered injury to his person or property
. the definition involves three constituents of
negligence: (1) A legal duty to exercise due care on the
part of the party complained of towards the party
complaining the former's conduct within the scope of
the duty; (2) breach of the said duty; and (3)
consequential damage. Cause of action for negligence
arises only when damage occurs; for, damage is a
necessary ingredient of this tort."