Negligence
/ˈnɛɡlɪdʒəns/
Tort Law Term
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Definition
A tort consisting of breach of a legal duty of care that causes damage to another. Three elements must be established: (1) the defendant owed a duty of care to the plaintiff, (2) the defendant breached that duty (fell below the standard of a reasonable person), and (3) the breach caused the plaintiff's loss (causation), and the damage was not too remote. In professional negligence (medical, legal), the standard applied is the 'Bolam test' — the standard of a reasonably skilled professional.
Examples
Case Study
In Jacob Mathew v. State of Punjab (2005), the Supreme Court distinguished civil negligence from criminal negligence in medical cases. For criminal liability, the standard is much higher — gross negligence amounting to a 'disregard for human life.' Simple lack of care is not enough for criminal prosecution of a doctor.
Key Cases
Jacob Mathew v. State of Punjab
2005(2005) 6 SCC 1
Distinguished civil medical negligence from criminal negligence. For criminal liability, gross negligence amounting to reckless disregard is required. Laid down guidelines to protect doctors from frivolous criminal prosecution.
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