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Negligence: A Comprehensive Study of Legal and Criminal Aspects, Summaries of Law

Guru Gobind Singh Indraprastha UniversityLaw

A comprehensive overview of negligence, a crucial concept in both tort and criminal law. It delves into the historical development of negligence, its definition, and its essential elements. The distinction between civil and criminal negligence, highlighting the different standards of proof and consequences. It also examines medical negligence, including the duties owed by medical practitioners and the vicarious liability of hospitals. Finally, the document discusses defenses to negligence, such as contributory negligence, voluntary non-fit injuria, act of god, and inevitable accident.

Typology: Summaries

2024/2025

Uploaded on 03/10/2025

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Negligence
•Derived from latin word “negligentia” means failing to
pick up.
•Generally it means “act of being careless”.
•Legal sense- failure to exercise a standard of care-
reasonable man should exercise in a particular
situation.
•In English Law- emerged as an independent cause of
action- 18th centaury.
•In Indian Law- IPC, 1860- contained no provision for
causing the death of person by negligence but it was
amended in year 1870 & 304 A was inserted.
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Negligence

• Derived from latin word “negligentia” means failing to

pick up.

• Generally it means “act of being careless”.

• Legal sense- failure to exercise a standard of care-

reasonable man should exercise in a particular

situation.

• In English Law- emerged as an independent cause of

action- 18

th

centaury.

• In Indian Law- IPC, 1860- contained no provision for

causing the death of person by negligence but it was

amended in year 1870 & 304 A was inserted.

Definition

Winfield

“Negligence as a tort is the breach of Legal duty to

care by, which results in damage, undesired by

def. to the plaintiff.

Blyth v. Birmingham Water Works Co.

Defined as the omission to do something which a

reasonable man would do or doing something

which a prudent/ reasonable man would not

do.

Negligence – as a tort & as a crime

In tort- extent of liability- determined by no. of

damages incurred by party.

In Criminal Law- extent of liability- determined by

amount & degree of negligence.

Case

Jacob Mathew v. State of Punjab

“To fasten liability in Criminal Law, the degree of

negligence has to be higher than that of negligence

enough to fasten liability for damages in Civil Law.

The essential ingredient of mens rea cannot be

excluded from consideration when the charge in

a criminal court consists of criminal negligence”.

Difference between Civil & Criminal Negligence Civil Negligence Criminal Negligence Conduct not a radical departure from a way a reasonable person would have responded. Act which is an extreme departure from which a reasonable person would act in similar circumstance. Person fails to exercise ordinary care or due diligence. Conduct that is so extreme & rash and it is more than just a mistake in judgment or distraction. Lesser burden of proof as plaintiff only has to prove that defendant was negligent. Plaintiff has to prove beyond a reasonable doubt that defendant was acted with criminal negligence. Punishment only extends to extent of damage caused to Plaintiff i.e. compensation for the damages. Punishment is more serious & can be convicted for a prison term & fine.

Essentials of Negligence

I. That the Defendant owed duty of care to the

Plaintiff.

• Legal duty not moral/social/religious duty.

• Plaintiff- establish- def. owed a specific legal duty to

take care- made a breach.

• No gen. rule defining such duty.

• Case Laws

Donoghue v. Stevenson

S. Dhanaveni v. State of Tamil Nadu

Stansbele v. Troman

Essentials of Negligence

II. Breach of the Duty

  • (^) Def. owed a duty of care & must be breach of Duty.
  • (^) Non- observance of standard of care- required in a particular situation.
  • (^) Standard- reasonable/ ordinarily prudent man
  • (^) Def. acted like reasonable prudent man- no negligence.
  • (^) Case Laws  (^) Klaus Mittelbachert v. East India Hotels Ltd.  (^) U.P. Sharma v. Jabalpur Corp. & others.  (^) Saroj Basotia v. State of M.P. & Ors.

Medical Negligence

Medical Profession- humanitarian profession- standard of care-

doctors/hospital auth- expected to be more- comparison- other cases

of negligence- as may be life threatening so proper care- taken- auth. &

doctors..

Medical Practioner, when consulted by a patient owes certain duties like-

  • (^) A duty of care in deciding whether to undertake the case.
  • (^) A duty of care in deciding what treatment to give.
  • (^) A duty of care in the administration of that treatment.

Breach of duties- gives a right of action of negligence against him.

Medical Practioner- exercise- reasonable degree- skill/knowledge/care-

circumstances of each case.

  • (^) Vicarious liability of hospitals- “qui facit per alium facit per se” means-

the who acts through another act in his or her own interest.

  • (^) If staff- negligent- performance- prescribed work-hospital- liable.

Case Laws

 (^) Kunal Saha v. AMRI  (^) V. Krishan Rao v. Nikhil Super Specialty hospital.  (^) Jacob Methew v. State of Punjab. Certain Guidelines were issued by S.C. in this case:-

  • (^) A private complaint may not be entertained unless the complainant has produced prima facie evidence before the court in the form of a credible opinion given by another competent doctor to support the charge of rashness or negligence on the part of the accused doctor.
  • (^) The investigating officer should before proceeding against the doctor accused of rash or negligent act or omission, obtain an independent and competent medical opinion preferably from a doctor in Government service qualified in that branch of medical practice who can normally be expected to give an impartial and unbiased opinion in regard to the facts collected in the investigation.
  • (^) A doctor accused of rashness or negligence may not be arrested in a routine manner simply because a charge has been leveled against him unless his arrest is necessary for furthering the investigation or for collecting evidence or unless the investigation officer feels satisfied that the doctor proceeded against would not make himself available to face the prosecution unless arrested, the arrest may be withheld.

Other Defenses

• Voluntary non-fit injuria

• Act of God

• Inevitable Accident

Defenses available to def.

Onus- def- to prove- not acted negligently & his

case falls under these defenses.