Assignment on Corporate Legal Issues

The three essentials ingredients establishing negligence

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Abstract

Negligence, in law, is a breach of a legal duty. This law has its roots primarily from the

Tortious liability. This becomes evident whenever there is a breach of a duty. Such

parameters are set up by the law towards persons with an action of breach leading to un-

liquidated damages.

Inherent Province of the Law of Tort (1931) (Richard Smellie 2002)

"Tort" originated from the Medieval Latin word "tortum" meaning, something twisted. It has

high implications for a civil wrong leading to injury and arising mainly because of failure to

act. The law ensures that action for damages is brought, and is independent of any contract.

Simply negligence is a careless act of failure to impart, due care and required attention or

concern. Thus negligence has fixed legal duties imposed by law. It is based out of conduct,

not agreement (contract) or the protection of an interest (nuisance or defamation).

As per the cases, there can be an overlap of negligence with other torts, like negligence and

contract. Often, agreements or interest is damaged by conduct like interference with

enjoyment of land leads to liability in tort of nuisance (protection of interest) and the tort of

negligence. Thus building works that violate contractual obligations may be because of the

result of negligent conduct.

Often in cases where land subsides, renting damage to property; often there is no contract

fixing duties for the two parties, i.e. person who suffers the loss due to damage and the

responsible person for damage. Thus tort of negligence is applicable to establish liability and

recover damages incurred.