The word traces its origin to the Latin word negligentia which literally means failing to pick up. Negligence in Torts., in simple words, may mean being reckless while performing a duty and thus causing harm to the other person.
Negligence can be something as common as telling your friend that the water he is going to put his hand in, has just been boil and is very hot or something as serious as not putting the sign of danger near high power fence.
Thus, negligence may refer to any act of omission or commission that causes hurt to the other person. The commission of such an offence under the category of tort law, is not that easy to understand, therefore students have to go for law assignment help.
Negligence, can thus be classified in three categories:
- When a person fails to do an activity that he must have do in the normal course of events.
For example: while you were cleaning your floor and you saw your friend coming, you must have informed him that the floor is wet, and he must take care. This is known as nonfeasance.
- When a person does not do his act properly which he should have done that way then a person can get hurt. This act of negligence is due to misfeasance.
For example: the engineer did not use proper material in construction of a bridge, which led to its collapse, thus injuring several people.
- Third are the acts of malfeasance. Here a person does an act which he should not have been doing in the ordinary course of events.
For example: if you do not give medicines to your severely ill father which leads to his condition being worsened.
Students can refer to a few tests for Negligence in Torts. while working on their assignments if they need effective assignment help. These tests are:
- The first test can be the test checking whether your act directly or indirectly corresponds to the negligent act.
For example: A works in a nuclear power plant. He is responsible to take care of the reactor. Due to a mild earthquake, there are chances that the nuclear reactor can got affect
All the workers are put to check for any such happening. A feels that nothing of this sort has happened in the reactor and thus does not check it.
But later it is discover that a crack develop in the reactor due to which it is leaking. Here A can be hold liable for his direct act of negligence.
Another example can be, A was working upon the wires in his house.
There were a few wires near the ceiling. Since he had no tape to cover them, he decided he would do them afterwards. But these wires face short circuit and the whole house was engulf in fire within a few minutes.
Here A is indirectly liable, because though he did not foresee the occurrence of fire, yet his negligent activity indirectly caused it.
- The second test is that of reasonable foresight. It states that the person doing the negligent act must have had the knowledge, that such an act, in the course of events, may cause damage to people.
In such a case it is important to remember that their must be a duty of care that exists with the person committing the offence, next there must be a breach of such a duty and in turn damage should cause to the others due to this negligent act.
Such a damage should have previously for see the person committing the act.
For example, in the above case of house catching fire sur to A’s negligent activity, if the house of neighbor has catch fire because a cracker flew into his house due to fire in A’s house, A cannot be hold liable, because he could not have foreseen this, in the normal course of events.
- Third is the doctrine of res ipsa loquitur. In such a case the situations created are sufficient enough to hold or not hold a person liable for a negligent act.
For example: A we to the hospital and came back after a few days. A few days after his return, he got an infection in his stomach.
The doctors cannot be hold liable in this case. While, if A had gone for a stomach surgery and he had felt pain in his stomach. When he get his stomach X ray do,
he found that there was a mop in the stomach. In such a case, the doctors can be hold liable for the acts of negligence.
- There are certain cases where acts of negligence are do both the parties in a contributory manner.
For example, if your driver is inebriate and driving the car. You discover such condition of his and still make him drive the car, in such a case both of you have contributed to the act of negligence.
- The lats instance is that of all parties involved, committing the act of Negligence in Torts.. In such a case all can be hold liable.
For example, A, B and C had to supply oxygen and hydrogen gas to a specific place but they supplied it to D’s factory, where they ignited resulting into a blast. In such a case all three of them can be hold liable for the act of negligence.
As stated earlier, negligence may see an easy task at hand but is actually a complex one. Students who need law assignment help,
must remember to delve different into the cases concerning these tests so that they can score well.
The above mentioned points are sufficient enough to form the basics of Negligence in Torts. and can provide students, with assignment help.