In this article you will learn about the Negligence As A Tort.
Introduction
The word negligence has been derived from the latin word ‘Negligentia’ which means carelessness or lack of care or headlessness. Duty is imposed by law to do with due care and by taking proper precautions. Here the activity of the person is known as negligence. When adequate precautions are not taken, negligence can lead to various kinds of harm.
According to Winfield and Jolowicz, ‘Negligence is the breach of a legal duty to take care which results in damage, undesired by the defendant to the plaintiff.’
In Blyth v. Birmingham Water Works Co.; Alderson B defined negligence as the omission to do something which a reasonable man would do, or doing something which a prudent and reasonable man would not do.”
If a damage or injury is caused to the plaintiff which is not caused by physical contact occurring through hearing or seeing is said to be nervous shock. It refers to the injury caused to the person as a result of events which have occurred due to the intentional or negligent acts or omissions of another person. For example, while passing by a road a person saw an accident which affected his mental health. He demanded compensation for the nervous shock. The question arises here whether it is considerable or not?
Nervous shock is a modern concept in the law of tort. In the case of Victorian Railway Commissioners v. Coultas (1888), the judicial committee of the privy council rejected the plea regarding injury and damage caused due to nervous shock. In the case of Dulieu v. White & Sons (1901), the court of appeal established a simple and specific rule :
- If the defendant knows that the other person is over sensitiveness then it is nervous shock.(negligent act)
- A negligent act which affects the ordinary people.
- If the plaintiff does not know about the over sensitiveness of people.
In the case of Bourhill v. Young (1943), a fisherman's wife used to catch fish and carried in a basket near the highway. While she was being helped in putting her basket on her back, a motor-cyclist collided with a motor car at a distance of 15 yards. She heard that the accident had occurred before reaching her destination. She was 8 months pregnant. By seeing the blood on the road she suffered a nervous shock and fell down affecting the still-born child. Whether damage or injury caused is considered or not? Court held that the defendant was not aware about the over sensitiveness of the plaintiff. Therefore the damage caused to the plaintiff was not a legal damage.
This article on Negligence As A Tort is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.