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R/CR.MA/2942/2014 CAV JUDGMENT
"10. The jurisprudential concept of negligence defines any
precise definition. Eminent jurists and leading judgments have
assigned various meanings to negligence. The concept as has
been acceptable to Indian jurisprudential thought is well stated
in the Law of Torts, Ratanlal & Dhirajlal (24th Edn., 2002,
edited by
Justice G.P. Singh).
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; and (3) consequential
damage. Cause of -action for negligence arises only when
damage occurs; for, damage is a necessary ingredient of this
tort."