Q. When, under Law of Torts even using reasonable care, is a person liable for tort of negligence? Discuss. (20) [2017/Law II/2(c)]
Answer Approach:
•Introduction: Start with enumerating the essentials of tort of negligence and discuss a bit on the requirement of ‘standard of care’.
• Main body: Build your main body with more content on the ‘Standard
of care’ required. Try using case laws and different illustrations as to when reasonable care is enough and when some extra care over and above the reasonable care is required (eg. Professional skills expected of a professional). Thereafter discuss about no-fault liability and then strict and absolute liability.
• Conclusion: Conclude by reiterating the words of the question and encapsulating the gist of the answer.Â
• Tip for students: Remember, that strict or absolute liability is only a rule of liability for a tort of negligence, and not a tort in itself. So balance the focus in the answer accordingly.
Students please note: Click on the individual questions above and upload your answers in the Comments section under the questions. Only those answers which are uploaded at the right place and before 10pm every day, shall receive feedback from the faculty. Students are advised to upload clear photos or pdfs of handwritten answers.
