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Negligence as a Tort under Law of Torts | Law Optional Notes for UPSC PDF Download

Introduction

  • In simple terms, negligence refers to failing to perform a required duty with proper care and caution.
  • An offense occurs due to various inducing factors. Key elements labeling an act as 'negligence' include:
    • The defendant owing a duty of care to the plaintiff.
    • The defendant breaching the owed duty to the plaintiff.
    • The plaintiff suffering injury or damage due to the defendant's negligent act.

Classic Case of Negligence - Donoghue v. Stevenson

  • In the famous case of Donoghue v. Stevenson, the plaintiff experienced stomach issues from contaminated beer containing snail remains, leading to the establishment of principles for determining responsibility.
  • This case serves as a precedent to demonstrate how an act meets the criteria of negligence.

Duty of Care Towards Plaintiff

  • The plaintiff must prove the existence of a duty of care from the defendant towards themselves.
  • In the mentioned case, the court held the manufacturer accountable for neglecting the necessary precautions in beer production, thus failing in their duty towards consumers.

Breaching the Duty of Care

  • The plaintiff needs to demonstrate that the defendant not only owed a duty of care but also breached it through either commission or omission.
  • In the above case, the manufacturer's failure to ensure quality control led to the presence of a snail in the beer, showcasing a breach of duty.

Damage Suffered Due to Breach of Duty of Care

  • The damage must directly result from the negligent act and be foreseeable by the defendant.
  • Foreseeability is crucial in proving negligence, considering the extent of damage that a reasonable person could anticipate.
  • In the cited example, the plaintiff's health issues directly stemmed from the manufacturer's negligence, making the defendant accountable for the consequences of their actions.

Question for Negligence as a Tort under Law of Torts
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What are the key elements that label an act as negligence?
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Negligence in Criminal Law in India

  • The criminal laws in India consider negligence a serious offense punishable under the Indian Penal Code, 1860.
  • Section 304A of the IPC deals with situations where an individual's death results from an extremely reckless or negligent act.
  • Unlike culpable homicide or murder, negligence leading to death does not involve the specific intent to cause harm.
  • Originally absent from the IPC of 1860, Section 304A was introduced in 1870 to address cases where death occurs due to negligence without the intention to kill.
  • This section serves to bridge the gap in situations where there is no clear mens rea to establish liability under Section 299 (culpable homicide) or Section 300 (murder).
  • Unlike accidents covered under Section 80, acts falling under Section 304A are not considered mere inadvertent events, as they reflect not just carelessness but also a degree of foreseeability of harmful consequences.

Medical Negligence

  • The medical field often witnesses cases of medical negligence, where failures in duty lead to unfortunate outcomes, sometimes resulting in death.
  • Medical negligence cases require the plaintiff to prove that the healthcare professional deviated from the standard practice and failed in their duties.
  • Legal precedents, such as Poonam Verma v. Ashwin Singh, highlight instances where actions outside the norm of practice can be deemed as negligence.
  • In Jacob Mathew v. State of Punjab, a doctor faced allegations of negligence leading to a patient's death due to delayed treatment, emphasizing the importance of fulfilling one's professional responsibilities.

Key Points

  • Medical negligence involves proving deviations from standard practices and failures in professional duty.
  • Legal cases like Poonam Verma v. Ashwin Singh and Jacob Mathew v. State of Punjab offer insights into determining negligence in healthcare.

Examples

  • Poonam Verma v. Ashwin Singh: Homeopathic doctor administers allopathic medicines, leading to a negligence charge due to actions outside the expected practice norms.
  • Jacob Mathew v. State of Punjab: Doctor's negligence in providing timely treatment results in a patient's death, underscoring the breach of professional trust and responsibilities.

Question for Negligence as a Tort under Law of Torts
Try yourself:
What is the purpose of Section 304A of the Indian Penal Code?
View Solution

Conclusion

Medical negligence cases require a thorough examination of professional conduct and adherence to established standards to ensure patient safety and well-being.

The document Negligence as a Tort under Law of Torts | Law Optional Notes for UPSC is a part of the UPSC Course Law Optional Notes for UPSC.
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FAQs on Negligence as a Tort under Law of Torts - Law Optional Notes for UPSC

1. What is medical negligence in criminal law in India?
Ans. Medical negligence in criminal law refers to the failure of a healthcare professional to provide a standard level of care to a patient, resulting in harm or injury. This can lead to criminal charges being filed against the negligent party.
2. How is negligence treated as a tort under the Law of Torts in India?
Ans. Negligence is treated as a tort under the Law of Torts in India when a person breaches a duty of care owed to another person, resulting in harm or injury. The injured party can then seek compensation through a civil lawsuit.
3. What role does the judiciary play in cases of negligence in India?
Ans. The judiciary in India plays a crucial role in cases of negligence by interpreting and applying the relevant laws and legal principles. Judges determine the liability of the negligent party and award appropriate remedies to the injured party.
4. What are some common examples of negligence that may lead to criminal charges in India?
Ans. Some common examples of negligence that may lead to criminal charges in India include medical malpractice, reckless driving causing accidents, and failure to ensure public safety leading to harm or injury.
5. How can individuals protect themselves from being held liable for negligence in India?
Ans. Individuals can protect themselves from being held liable for negligence in India by ensuring they adhere to the standard level of care expected in their profession or daily activities, seeking proper training and certifications, and obtaining liability insurance where necessary.
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