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    Law of Tort & Consumer Protection Act Assignment - 8: Submitted To Submitted by Prof. Neha Sinha Srimugan.R

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    Sri Mugan
    This document discusses the differences between negligence in criminal law and negligence in tort law. In criminal law, negligence means doing an act that creates an obvious risk to human life. It must be proved beyond a reasonable doubt that the defendant acted negligently and created a high risk of injury. In tort law, negligence means failing to take ordinary care which a reasonable person would take, resulting in damage. Negligence in tort only needs to be proved on a balance of probabilities rather than beyond reasonable doubt. Two landmark cases are discussed, one dealing with negligence in criminal law and one with negligence in tort law.

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    Law of Tort & Consumer Protection Act Assignment - 8: Submitted To Submitted by Prof. Neha Sinha Srimugan.R

    Uploaded by

    Sri Mugan
    225 views3 pages
    This document discusses the differences between negligence in criminal law and negligence in tort law. In criminal law, negligence means doing an act that creates an obvious risk to human life. It must be proved beyond a reasonable doubt that the defendant acted negligently and created a high risk of injury. In tort law, negligence means failing to take ordinary care which a reasonable person would take, resulting in damage. Negligence in tort only needs to be proved on a balance of probabilities rather than beyond reasonable doubt. Two landmark cases are discussed, one dealing with negligence in criminal law and one with negligence in tort law.

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    Srimugan_0080_A8

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    This document discusses the differences between negligence in criminal law and negligence in tort law. In criminal law, negligence means doing an act that creates an obvious risk to human life. It must be proved beyond a reasonable doubt that the defendant acted negligently and created a high risk of injury. In tort law, negligence means failing to take ordinary care which a reasonable person would take, resulting in damage. Negligence in tort only needs to be proved on a balance of probabilities rather than beyond reasonable doubt. Two landmark cases are discussed, one dealing with negligence in criminal law and one with negligence in tort law.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    225 views3 pages

    Law of Tort & Consumer Protection Act Assignment - 8: Submitted To Submitted by Prof. Neha Sinha Srimugan.R

    Uploaded by

    Sri Mugan
    This document discusses the differences between negligence in criminal law and negligence in tort law. In criminal law, negligence means doing an act that creates an obvious risk to human life. It must be proved beyond a reasonable doubt that the defendant acted negligently and created a high risk of injury. In tort law, negligence means failing to take ordinary care which a reasonable person would take, resulting in damage. Negligence in tort only needs to be proved on a balance of probabilities rather than beyond reasonable doubt. Two landmark cases are discussed, one dealing with negligence in criminal law and one with negligence in tort law.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 3

    LAW OF TORT

    &
    CONSUMER PROTECTION ACT
    ASSIGNMENT - 8

    SUBMITTED TO SUBMITTED BY

    Prof. Neha Sinha SRIMUGAN.R


    20191BAL0080
    SECTION: 4
    Negligence in tort law means omitting to do an act, which a reasonable man
    would do or doing such an act which a prudent or reasonable person wouldn’t
    have done if he had been in the same situation. In other words negligence is the
    person’s duty of care, which he did not do, which has resulted in injury to
    another person. According to Prof. Winfield negligence is a breach of duty,
    which results in damage, not desired by the defendant to the plaintiff.

    WHAT IS THE DIFFERENCE BETWEEN


    NEGLIGENCE IN CRIME AND NEGLIGENCE
    IN TORT?

    Criminal negligence is when a person does an act which is in regard to the


    obvious risk to the safety of human life whereas Civil negligence is negligence
    where a person omits to take ordinary care which is also known as due
    diligence. The standard of civil negligence is measured by what a reasonable
    person would have done, had he been in the similar situation.

    Level of proof
    Criminal negligence is proved in criminal case and Civil negligence is proved in
    civil cases which involve personal injury. In criminal cases the prosecutor has to
    prove that the defendant is negligent beyond a reasonable doubt.

    Two things have to be proved for the act to be criminal negligence


    The person has acted negligently, and has created a high risk of death or
    bodily injury
    A prudent person had known the consequences of such an act.
    Civil negligence has to be proved by a preponderance of the evidence i.e. it is
    proven by a balance of probabilities where the judge or jury decides whether it is
    more than likely that the party committed the offense that caused the injury.
    CASE LAWS:

    NEGLIGENCE IN CRIME :- JACOB MATHEW V. STATE OF PUNJAB


    NEGLIGENCE IN TORT :- GANESH V. SYED MUNNED AHAMED

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