Dr G R Agrawal
Vol. 1, Issue 1, Jan-Jun 2016
Abstract:
Negligence is not susceptible of any precise definition. Various meaning may be attributed to negligence. First, negligence connotes careless state of nun which may amount to neck lesser, or indifference. A doctor prescribing drugs wit dangerous side effects without inform the patient of risk of those side effects and without carrying out the recommended test whether such side effects at happening, or not is guilty of carelessness in exposing the patient to the risk suffering from those side effects of the drugs. This meaning of negligence is the basis of criminal liability. Secondly, negligence is a careless conduct without reference to any duty to take care i.e. negligence per Se. The best illustration o such careless conduct is found in cases of contributory negligence. A patient undergoing medical treatment under the care of a quack exhibits such careless conduct. This meaning of negligence is also found in performance of contracted duty. Lastly, negligence refers to a breach of legal duty to take care. Lord Wright points out in Lochgelly lues and coal c. v. M Mullan Negligence means more than heedless or careless conduct, whether in omission or commission, it properly connotes the complex concept of duty. breach and damage thereby suffered by the person to whom the duty was owing. Negligence has two meaning in lay
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