Dr. Ram Manohar Lohiya National Law University: Tort of Negligence

DR.
RAM MANOHAR LOHIYA

NATIONAL LAW UNIVERSITY
2013-2014
LAW OF TORTS
SYNOPSIS
TOPIC- Tort Of Negligence

SUBMITTED FOR THE PROJECT WORK UNDERTAKEN IN PARTIAL
FULFILLMENT OF BA LLB (HONS.) 5 YEARS INTEGRATED COURSE AT DR.
RMLNLU, LUCKNOW
SUBMITTED UNDER SUBMITTED BY-
THE GUIDANCE OF-
RAHAT ALI
Mr. R.K. YADAV Section- B
Assistant Professor Roll No. 100
Dr. RMLNLU BA. LLB (Hons.)

Table of contents
 Introduction
 Aim of the study
 Significance of study
 Research methodology
 Literature overview
 Tentative chapterisation
 Bibliography
INTRODUCTION
Negligence is the breach of a duty caused by the omission to do something which

a reasonable man, guided by those considerations which ordinarily regulate the
conduct of human affairs would do, or doing something which a prudent and
reasonable man would not do.1
According to the Winfield,“negligence as a tort is the breach of a legal duty to

take care which results in damage, undesired by the defendant to the plaintiff” 2
.The definition involves three constituents of negligence:
1)A legal duty to take exercise due care on the part of the party complained of
towards the party complaining the formers conduct within the scope of the duty;
2)Breach of the said duty;and
3)Consequentials damage.
Cause of action for negligence arises only when damage occurs for damage is a necessary
ingredient of this tort.But as damage may occur before it is discovered;it is the occurrence of
damage which is the starting point of the cause of action.
AIM OF THE PROJECT
The primary objective of the research is to provide information about the TORT OF
NEGLIGENCE and the constituents of negligence .Apart from this some important cases related
to the TORT OF NEGLIGENCE will also be mentioned .All possible efforts to provide the most
satisfactory information are taken into account.
SIGNIFICANCE OF STUDY
1
Ratanlal Ranchhoddas and Dhirajlal Keshavlal Thakore,The Law Of Torts(first published
1897)
2
The research paper has been developed with a view to provide an effective legal knowledge upon
the given subject. Besides, steps are also adopted so as to deal with the minor intricacies erupting
in relation for the subject of the research as well as to deal with the queries related to the subject.
Taking appropriate measures not to overlook the important as well as relevant informations
significant to mention in pursuing the project.
RESEARCH METHODOLOGY
Research Methodology in the making of this Project will be Doctrinal Research Methodology.
This Methodology will be best suited for the Topic of the Project. Doctrinal Research Methodology
involves the analysis of the Legal Doctrine and how it has been developed and applied.
Researchers who deal with this type of research mainly concern with the philosophy of Law
and Topic involved. Besides reference from legal books, journals and documents are given due
weightage which provided the needful contribution required in the proper completion of the research.
Above all, views advocated by eminent personalities as well as jurists are given due importance.
LITERATURE OVERVIEW
The contribution of the books as duly cited was immense in the completion of the project. They
acted as a reliable guide and companion throughout the entire research. The content provided by
the document as referred in the making of the project, were capable of providing authenticity to
the research. Above all information from a series of reference books were also taken into account
to provide further emphasis upon the research.
TENTATIVE CHAPTERISATION
 Introduction to the principles of Negligence.

 Essentials of Negligence
 Standard of care to be observed.
 Changing dimensions of the principles of Negligence based on relevant case laws.
 Differentiate composite and contributory negligence
 Exceptions to this principle.
BIBLIOGRAPHY
 Books
 Ratanlal Ranchhoddas and Dhirajlal Keshavlal Thakore,The Law Of Torts(first

published 1897)
 W.V.H.ROGERS,Winfield and Jolowicz On Tort(first published 1937)
 R.K.BANGIA,The Law Of Torts (first Published 1987)
 WEB REFERENCES
 Manupatra
 jstore

Dr. Ram Manohar Lohiya National Law University: Tort of Negligence

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Dr. Ram Manohar Lohiya National Law University: Tort of Negligence

Uploaded by

DR.

RAM MANOHAR LOHIYA

TOPIC- Tort Of Negligence

SUBMITTED UNDER SUBMITTED BY-

THE GUIDANCE OF-

Mr. R.K. YADAV Section- B

Assistant Professor Roll No. 100

Dr. RMLNLU BA. LLB (Hons.)

Negligence is the breach of a duty caused by the omission to do something which

According to the Winfield,“negligence as a tort is the breach of a legal duty to

2)Breach of the said duty;and

AIM OF THE PROJECT

 Introduction to the principles of Negligence.

 Ratanlal Ranchhoddas and Dhirajlal Keshavlal Thakore,The Law Of Torts(first

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