March 2, 2021

Breach of duty means non-observance of due care which is required in a particular situation. What is the standard of care required? The standard is that of a reasonable man or of an ordinarily prudent man. If the defendant has acted like a reasonably prudent man, there is no negligence. As stated by Alderson B.

The jurisprudential concept of negligence defies any precise definition. Eminent jurists and leading judgments it is said have assigned various meanings to negligence. The Apex Court in Jacob Mathew V. State of Punjab, observed : “Negligence is the breach of a duty caused by the omission to do something which a reasonable man, guided by