The document discusses negligence in law, defining it as a breach of legal duty primarily rooted in tortious liability. It explains that negligence results from a failure to exercise due care, leading to civil wrongs and injuries, independent of contractual agreements. The text highlights the overlap between negligence and other torts, illustrating how negligent conduct can lead to liability in various contexts, including property damage.

1. Assignment on Corporate Legal Issues
The three essentials ingredients establishing negligence
Publishedby:https://expertassignmenthelp.com/
Filename:1SAMPLE16C205-Assignment-on-Corporate-Legal-Issues.PDF
For more assistance visit: https://expertassignmenthelp.com/law-assignment-help/
Uploaded:April 30, 2016
Enjoy 
Abstract
Negligence, in law, is a breach of a legal duty. This law has its roots primarily from the
Tortious liability. This becomes evident whenever there is a breach of a duty. Such
parameters are set up by the law towards persons with an action of breach leading to un-
liquidated damages.
Inherent Province of the Law of Tort (1931) (Richard Smellie 2002)
"Tort" originated from the Medieval Latin word "tortum" meaning, something twisted. It has
high implications for a civil wrong leading to injury and arising mainly because of failure to
act. The law ensures that action for damages is brought, and is independent of any contract.
Simply negligence is a careless act of failure to impart, due care and required attention or
concern. Thus negligence has fixed legal duties imposed by law. It is based out of conduct,
not agreement (contract) or the protection of an interest (nuisance or defamation).
As per the cases, there can be an overlap of negligence with other torts, like negligence and
contract. Often, agreements or interest is damaged by conduct like interference with
enjoyment of land leads to liability in tort of nuisance (protection of interest) and the tort of
negligence. Thus building works that violate contractual obligations may be because of the
result of negligent conduct.
Often in cases where land subsides, renting damage to property; often there is no contract
fixing duties for the two parties, i.e. person who suffers the loss due to damage and the
responsible person for damage. Thus tort of negligence is applicable to establish liability and
recover damages incurred.