Judicial Dictionary - N

Judicial Dictionary


Legislative Dictionary


Negligence

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CategoryN
TitleNegligence
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Negligence connotes failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not. In law, negligence is a type of tort or crime that can be either criminal or civil in nature. Negligence means conduct that is culpable because it misses the legal standard protecting individuals against forseeably risky, harmful acts of other members of society. Negligent behaviour towards others gives them rights to be compensated for the harm to their body or property.

In ordinary case which does not involve any special skill, negligence means some failure to do some act which a reasonable man in the circumstances would do, or doing some act which a reasonable man in the circumstances would not do. Bt where you get a situation which involves the use of some special skill or competence, then the test is the standard of the ordinary skilled man exercising and professing to have the special skill. [Bolam vs. Friend Hospital Management Committee (1957) 2 All ER 118]
Created OnMay 2, 2011, 5:14 AM
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