NEGLIGENCE UNDER LAW OF TORTS

Abstract

This paper provides a comprehensive examination of negligence as a fundamental concept in the law of torts, with particular emphasis on Indian jurisprudence. The study traces the historical evolution of negligence law from English common law principles to its contemporary application in India. The paper analyzes the three essential elements required to establish negligence: duty of care, breach of duty, and causation with damage. Special attention is given to the doctrine of res ipsa loquitur, professional negligence (particularly medical and legal negligence), and various defenses available in negligence claims including contributory negligence, voluntary assumption of risk, act of God, and inevitable accident. The paper examines negligence in specific contexts such as motor vehicle accidents, occupiers' liability, product liability, and employer's liability. Through analysis of landmark Supreme Court and High Court judgments, the study demonstrates how Indian courts have adapted common law principles to Indian conditions while developing indigenous jurisprudence. The paper also discusses contemporary issues including medical negligence under consumer protection laws, corporate negligence, environmental negligence, and the practical aspects of filing negligence suits. The research concludes that negligence law serves the dual purposes of providing compensation to victims and promoting responsible conduct in society, though challenges remain in implementation and access to justice.