Legal Studies 3040

Section 1: What is Negligence?

What is Negligence?

The preceding questions should have got you thinking a bit about the area of law known as negligence . In the legal world, negligence is simply careless behaviour on the part of one person that causes injury or suffering to another person. Of course, right away the question arises as to what is and what isn't careless behaviour. Was the owner of the well Carlos fell into careless in letting the wood rot? 

Here's another situation to think about. This actual event went to court:

A group of people were playing cricket. One of the players hit the ball over a wall surrounding the cricket field onto an adjoining side street where it struck a passer-by, the  plaintiff  in this case. The passer-by sued the cricket players (who thereby became the  defendant in this case) for his injuries and argued that it was careless, or negligent, to play a cricket match under conditions whereby it was possible for a ball to be hit over the wall of the field and into the street. The evidence revealed that this had happened only five or six times in the history of the cricket field and that in the vast majority of instances, a ball could not be hit out of the cricket grounds.

The plaintiff argued that so long as the defendants knew that it was actually possible to hit a ball out of the grounds, they should have taken steps to prevent this from happening. The defendants argued that this was extending the law of liability too far. Negligence, they argued, was primarily a test of what a reasonable or prudent person might do to protect the safety of others. They argued that in the circumstances it was unreasonable to take extraordinary precautions when, in the period of a number of years, only five or six balls had ever been hit out of the cricket grounds.

Check your knowledge by completing Something to Think About 2 on the next page.