Tuesday, April 6, 2010

Negligence

WHAT IS Negligence? It is one type of tort meaning civil wrong. There are some types of tort and some of them are

Trespass
Defamation
Nuisance and
Negligence.

Among them, negligence is the most likely to find in our society. There are 3 distinct elements of the tort of negligence and they are

-Duty of care
-Breach of the duty or standard of care
-Damage suffered as a result of that breach

It happen by this procedure. Once negligence occur, we will have to measure it as per above steps so that we can know how serious is it. OK, where can we find duty of care? It's easy and it can be found and happening for instance between-

Employer and employee
Government and people
Parent and childs
Teacher and pupil, etc

We might not need to sign on contract for some certain duties. It automatically assign on us in daily life.
If employer does not pay salary to his employees at the end of the month
If government do not protect the benefit of people
If the parent do not take responsibility to their childs
If the teacher do not show the proper way/ method to the pupil

It can be called negligence and it's punishable or if it is serous, entitled to imprisonment.

On the other hand, inferior's side has of course their own duties to comply. So once something goes wrong, there have been something wrong with either side unless it's due to both. We should realise and apply this basis law if we want a better and improved life style. What we see around in Singapore "be considerate" would be timely reminder to all people who are enjoying common properties of state. Did we ever think about our duties to fulfill? Some even yet to know it clearly and commit them oftenly unconsciously. I'll be glad if you can get something positive from this post and lets believe in law that can maintain our life in order.


No comments:

Post a Comment