Culpable Negligence - Law Dictionary Search Results
Home Dictionary Name: culpable negligenceculpable negligence
culpable negligence : criminal negligence at negligence ...
Negligent
Apt to neglect customarily neglectful characterized by negligence careless heedless culpably careless showing lack of attention as disposed in negligent order...
Criminal negligence
Criminal negligence, is the gross and culpable neglect or failure to exercise that reasonable and proper care and precaution to guard against injury either to the public generally or to an individual in particular, which having regard to all the circumstances out of which the charge has arisen, it was the imperative date of the accused person to have adopted, Jacob Mathew v. State of Punjab, (2005) 6 SCC 1....
Manslaughter
Manslaughter, the unlawful killing of another without malice express or implied. It is either--(a) Voluntary, upon a sudden heat; or,(b) Involuntary, upon the commission of some other unlawful act, or by culpable negligence.Both are felony, and punished, at the discretion of the Court, by penal servitude for life, or not less than three yeas, or by a fine.--(English) Offences against the Person Act, 1861 (24 & 25 Vict. c. 100), s. 5.On the principle that any greater felony includes a less felony, a person indicted for murder may be convicted of manslaughter. See Steph. Dig., art. 272. See MURDER.A high degree of negligence is required before a charge of manslaughter can be established--the breach of a statutory duty causing death is not necessarily manslaughter, Andrews v. Director of Public Prosecutions, 1937 AC 576. See CHANCE...
Rashness and criminal negligence
Rashness and criminal negligence, criminal negli-gence is the gross and culpable neglect or failure to exercise that reasonable and proper care and precaution to guard against injury either to the public generally or to an individual in particular, which, having regard to all the circumstances out of which the charge has arisen, it was the imperative duty of the accused person to have adopted, S.N. Hussain v. State of Andhra Pradesh, AIR 1972 SC 685: (1972) 3 SCC 18...
Negligence
Negligence, acting carelessly, a question of law or fact or of mixed fact and law, depending entirely upon the nature of a duty, which the person charged with negligence has failed to comply with or perform in the particular circumstance of each case. A very convenient classification has been formulated corresponding to the degree of negligence entailing liability measured by the degree of care undertaken or required in each case, i.e., (1) ordinary, which is the want of ordinary diligence; (2) slight, the want of great diligence; and (3) gross, the want of slight diligence. A smaller degree of negligence will render a person liable for injury to infants than in the case of adults, see Cooke v. Midland Great Western Railway, 1909 AC 229; and Glasgow Corporation v. Taylor, (1922) 1 AC 44. There is also a peculiar duty to take precaution in the case of dangerous Articles, see Dominion Natural Gas Co. v. Collins, 1909 AC 640. This case should be distinguished from the principle in Fletche...
Contributory negligence
Contributory negligence, the question of contributory negligence arises when there has been some act or omission on the claimant's part, which has materially contributed to the damage caused, and is of such a nature that it may properly be described as 'negligence', Pramod Kumar Rasikbhai Lhaveri v. Karmasey Kunvarji Tok, (2002) 6 SCC 455: AIR 2002 SC 2864 (2866). [Motor Vehicles Act, 1988]Negligence on the part of a plaintiff disentitling him to recover. 'Sometimes, however, he [the defendant] is driven to admit that he was guilty of some negligence, which may have been one of the causes conducting to the plaintiff's injury. But at the same time he asserts that the plaintiff was himself negligent, and that it was this negligence on the part of the plaintiff, and not his own, that was the proximate or decisive cause of the injury for which the plaintiff now seeks to recover damages from him. This is called the defence of contributory negligence.'-Odgers on the Common Law, 2nd Edn., p. ...
Negligence, contributory negligence
Negligence, contributory negligence, the question of contributory negligence arises when there has been some act or omission on the claimant's part, which has materially contributed to the damage caused, and is of such a nature that it may properly be described as 'negligence'. Negligence ordinarily means breach of a legal duty to care, but when used in the expression 'contributory negligence' it does not mean breach of any duty. It only means the failure by a person to use reasonable care for the safety of either himself or his property, so that he becomes blameworthy in part as an 'author of his own wrong', Pramod Kumar Rasikbhai Jhaveri v. Kanmasey, AIR 2002 SC 2864 (2866): (2002) 6 SCC 455. (Motor Vehicles Act, 1988, s. 168)...
culpable
culpable : deserving condemnation or blame as wrong or harmful cul·pa·bil·i·ty [kəl-pə-bi-lə-tē] n cul·pa·ble·ness n cul·pa·bly adv ...
Culpability
The state of being culpable...
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