Examples Of Criminal Negligence

2253 Words10 Pages
Negligence is the breach of a duty caused by the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs would do, or doing something which a prudent and reasonable man would not do. Actionable negligence consists in the neglect of the use of ordinary care or skill towards a person to whom the defendant owes the duty of observing ordinary care and skill, by which neglect the plaintiff has suffered injury to his person or property.


The definition involves three constituents of negligence:

(1) A legal duty to exercise due care on the part of the party complained of towards the party complaining the former’s conduct within the scope
…show more content…
Prof of negligence- Res Ipsa Loquiter

Burden of proof-
The burden of proof of negligence rests on the plaintiff.
The plaintiff 's wife having safely crossed in front of the defendant 's omnibus was startled by another carriage and ran back. The driver of omnibus had seen her pass on the previous occasion and then turned to the conductor, so that he did not see her return in time, to break and avoid the accident the woman was run over by the omnibus. The omnibus was neither on the wrong side nor at high speed. It was going to moderate speed. In this case, there was no evidence of negligence on the part of the defendant.

Defences to Negligence
If you are sued for negligence, in your defence, you can provide evidence to show that you did not owe a duty of care to the plaintiff, that you met the standard of care, or that your actions did not cause the damage. In addition, you may be able to prove that the plaintiff contributed to the cause of the injury. This defence is know as Contributory Negligence.

To establish contributory negligence defendant must
…show more content…
Rescuse cases (Volenti non fit injuria)

• The defence of Volenti non fit injuria is inapplicable in the rescue cases

• If the plaintiff voluntarily takes a risk to rescue somebody from the danger created by the wrongful act of the defendant

• He will have tight to bring an action for damages against the defendant

• The Doctrine of assumption of risk does not apply where the plaintiff has under an emergency caused by the defendant’s wrongful misconduct, Consciously and deliberatively, Consciously and deliberatively faced a risk, even death to rescue another from imminent danger of personal injury.

Doctrine of res Ipsa Loquiter ( Things speaks for itself )

• It is the Rule of evidence

Condition of the for the Application maxim There are three requirements which must be satisfied for the application of the rule of res Ipsa loquitur

• Absence of explanation
• Improbability of the happening
• Management and control of the object in causing accident in the defendant 's hand

Essential requisites for the Application of the Doctrine
• The which causes the harm must be under control of the
Open Document