Introduction to Negligence

Tort

A wrongful act which causes harm or injury to another person for which the injured party is entitled to seek compensation.

Introduction to Tort of Negligence

We all are under a legal duty not to harm or cause injury to anyone. Negligence occurs on behalf of someone when he/she breaches a DUTY OF CARE imposed by law and cause injury or harm to someone.

Duty of Care/ Negligence

Duty of Care is a general duty imposed by law for example

  • Duty on every motorist driver to Drive Safely
  • Duty on Doctors to treat patients with necessary care and diligence
  • Duty on traders not to use someone else’s trade name
  • Duty on everyone to avoid inflicting any harm to anybody
  • Duty on everyone not to create a dangerous situation for anybody
  • Duty not to defame someone. These are few examples where law has imposed obligations on citizens to behave in certain manner as they owe a duty of care to each other

Practical Examples

  • Ahmad while driving his Car is under a duty to drive carefully and responsibly. If he does not do so he is in breach of Duty of Care and may be held liable under tort of negligence
  • Dr Gupta is under Duty to provide her patient with necessary care. She may be held responsible for breach of duty of care where she does not care for her patients reasonably
  • A University lecturer writes a reference without checking departmental files, for a student who is seeking a job at one of the largest retail bank in the UK.
  • Alan a local vendor owes a duty of care to supply goods which are of certain standard and are not counterfeit
  • Mike breaches a duty of care where he sells online counterfeit Nike Shoes and claims to be from original Nike as law imposes a duty on Mike, not to sell neither sell counterfeit products

Disclaimer

While every effort has been made to ensure the accuracy of the information provided in this article, it does not constitute legal advice and cannot be relied upon as such. Each legal case and issue may have unique facts and circumstances, as a result legalally does not accept any responsibility for liabilities arising as a result of reliance upon the information provided. For further help and guidance, you can always rely on and seek advice from our experienced lawyers.