Write briefly that negligence and duty are strictly correlative.

Negligence is breach of duty caused by the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the human affairs would do, or doing something which a prudent and reasonable man would not do.  It is carelessness in a matter in which carefulness is made obligatory by the law. There cannot be negligence in the legal sense of the word unless there is in the particular case a legal duty to take care. This duty should be one which is owed to the plaintiff himself not merely to others. The idea of negligence and duty are strictly co-relative and there is no such thing as negligence in the abstract. There is no liability for negligence unless there is in the particular case a legal duty to take care. The law takes no cognizance of carelessness in the abstract. It concerns itself with carelessness only where there is a duty to take care and where failure in that duty has caused damage.


Leave a Reply