Legal Principle: Negligence is the absence of care by one party which results in some damage to…
The correct choice is: “Mistry is not liable for the tort of negligence since Saini was not injured though he fell down.” The principle defines negligence as an absence of…
Choose your answer
Legal Principle: Negligence is the absence of care by one party which results in some damage to another. Damage is an essential ingredient to constitute a tort of negligence.
Fact Situation: Mistry left his ladder on the public road while unloading it from a truck when he went to open the shutters of his shop. Saini who was riding his motorcycle had to swerve hard to avoid hitting the ladder as he came with speed on the road. Saini fell down but was miraculously not injured, and his motorcycle was not damaged.
Which of the following statements is the most appropriate in relation to the legal principle stated above?
Answer and explanation
Correct answer A
The correct choice is: “Mistry is not liable for the tort of negligence since Saini was not injured though he fell down.”
The principle defines negligence as an absence of care that results in some damage to another, and states expressly that damage is an essential ingredient of the tort. Mistry was careless in leaving the ladder on a public road, but Saini was not injured and his motorcycle was not damaged. As no damage resulted, the tort of negligence is not complete and Mistry is not liable. Unlike trespass, which is actionable without proof of damage, negligence requires actual harm.
“Mistry is liable for the tort of negligence since Saini fell down due to the presence of the ladder.” is wrong because a fall that causes no injury or loss is not damage. “Mistry is liable for the tort of negligence since he was careless in leaving the ladder on the road.” is wrong because carelessness alone, without resulting damage, is not negligence under the principle. “Mistry is not liable for the tort of negligence since Saini was speeding on the road.” gives the wrong reason: Saini’s speed could at most be contributory negligence that reduces damages; Mistry escapes liability because no damage resulted.
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CLAT UG