Plaintiff’s right to rely on the duty of care of others There are certain circumstances when the plaintiff is entitled to asusme the absence of danger and he is not bound to anticipate and take precaution against the possible negligence of the defendant. Contributory negligence is no defence when the plaintiff suffers due tothe defendant’s … Read more
The general rule is that the onus of proving negligence is on the plaintiff. He must not merely establish the facts of the defendant’s negligence and of his own damage, but must show that the one was the effect of the other. A relevant factor in this connection is whether there was any contract between … Read more
Meaning of Negligence The meaning of negligence will be clear from the following: (1) Negligence as a mode of committing certain torts, is that, negligently or carelessly committing trespass or defamation. In this context it denotes the mental element. (2) In Union of India v. Hindustan Lever Ltd., the Court held that negligence in a … Read more