Negligent - Law Dictionary Search Results
Home Dictionary Name: negligentNegligence
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)...
Negligence per se
Negligence per se, conduct, whether of action or omission, which may be declared and treated as negligence without any argument or proof as to the particular surrounding circumstances, either because it is in violation of a statute or valid municipal ordinance, or because it is so palpably opposed to the dictates of common prudence that it can be said without hesitation or doubt that no careful person would have been guilty of it. As a general rule, the violation of a public duty, enjoined by law for the protection of person or property, so constitutes, Black's Law Dictionary; See also State of Haryana v. Santra, (2000) 5 SCC 182.Negligence per se is defined as 'Conduct, whether of action or omission, which may be declared and treated as negligence without any argument or proof as to be particular surrounding circumstances, either because it is in violation of a statute or valid municipal ordinance, or because it is so palpably opposed to the dictates of common prudence that it can be ...
culpable negligence
culpable negligence : criminal negligence at negligence ...
Accident occasioned by negligence
Accident occasioned by negligence. As to the recovery of damages for injuries in such cases, see NEGLIGENCE. As to the rights of wife, husband, parent or child of person killed in such an accident, see CAMPBELL'S (LORD) ACT. Any adopted or illegitimate person is included in the expression 'parent or child' for the purposes of the Law Reform (Miscellaneous Provisions) Act, 1934 (24 & 25 Geo. 5, c. 41).In Criminal Law a result is said to be accidental when caused unintentionally and in such circumstances that a person of ordinary prudence would not have taken precautions to prevent its occurrence.In policies of insurance against accident the meaning of 'accident' depends on the context, but includes results brought about by the negligence of the assured and other persons. See Macgillivray on Insurance Law; Re Scarr, 1905 (1) KB 387....
Mens rea and negligence
Mens rea and negligence, Mens rea and negligence are both fault elements, which provide a basis for the imposition of liability in criminal cases. Mens rea focuses on the mental state of the accused and requires proof of a positive state of mind such as intent, recklessness or wilful blindness. Negligence, on the other hand, measures the conduct of the accused on the basis of an objective standard, irrespective of the accused's subjective mental state, Assistant Commissioner v. Villiappa Textiles, (2003) 11 SCC 405 (436)...
Professional negligence
Professional negligence, 'professional negligence' is a mistake by a medical practitioner which is not reasonably competent and careful would have committed is a negligent one, A.S. Mittal v. State of Uttar Pradesh, AIR 1989 SC 1570 (1574): (1989) 3 SCC 223: (1989) 3 SCR 241....
collateral negligence
collateral negligence see negligence ...
comparative negligence
comparative negligence see negligence ...
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