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Two Types Of Negligence

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Introduction

Negligence

Negligence occurs if someone suffers harm, and the person who causes such harm does so through carelessness.
For example, Mr Harley, a blind man tripped over a long-handled hammer which had been left near a hole in the pavement. The House of Lords held that the Electricity Board whose workmen had dug the hole, had failed to consider that blind people might be passers by.
A reasonable man would have foreseen this and taken the necessary precautions. The Board had fallen below the standard of the reasonable man. The Court therefore awarded Mr Haley damages in negligence (Haley v London Electricity Board [1964]).

Types of negligence …show more content…

The main purpose is to understand tha how the liability of servant is shifted to master . With the help of various actual cases in this project I want to throw light on negligence of the worker which burdens upon the master.

Importance
More precisely it states that a master is liable for tort of his servants commited in the course of employment. Respondeat superior is not exculpatory and does not eliminate ordinary negligence . thus the master remains liable for any negligence of his own that can be proved without use of his own respondeat superior . . similarly servant remains liable to the tort victim for his or her own tort . moreover under standard agency law , the master usually is entitled to indemnification from the servant for any damages. The masters suffers from the servants tort . thus the employees negligence will be deamed the employers, therefore , we can conclude the negligence in context of master servant relationship is very impotant …show more content…

The general rule is that the principal is liable civilly for the fauds, torts, negligence, malfeasances, and omission of his agent, when done in the course of his employment, though not sanctioned, but even forbidden by the principal. The rule applies respondent superior, let the superior answer for it; for he holds out his agent as competent, and so warrants his fidelity, skill, and good conduct in all matter within the scope of his agency.it can also be reffered as vicarious liability. With the help of many cases sighted above we can clearly understand that how liability shifts towards master and how master has to compensate. We also come to know about various types of negligence and the two defences towards negligence . few points are also mentioned above which are required to poove the negligence in court of law in order to get compensation. There are also some cases in which master is negligent and a liability arises on him. Many laws and acts have been passes by the court of law in ordere to make decisions. There should be an establishement of few new acts according to me so that servants can also be more responsible and so that the degree of negligence

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