Legal Principle Negligence is the absence of care by one party which results in somedamage to anothe...........

Legal Concepts Law of Torts

Legal Principle: Negligence is the absence of care by one party which results in somedamage to another. Damage is an essential ingredient to constitute a tort of negligence.

Fact Situation: Mistry left his ladder on the public road while unloading it from a truck when he went toopen the shutters of his shop. Saini who was riding his motorcycle had to swerve hard to avoid hitting theladder as he came with speed on the road. Saini fell down but was miraculously not injured.

Which of the following statements is the most appropriate in relation to the legal principle stated above?

Mistry is not liable for the tort of negligence since Saini was not injured though he fell down.

Mistry is liable for the tort of negligence since Saini fell down due to the presence of the ladder.

Mistry is not liable for the tort of negligence since Saini was speeding on the road.

Mistry is liable for the tort of negligence since he was careless in leaving the ladder on the road.

Explanation:

Mistry is liable for the tort of negligence since Saini fell down due to the presence of the ladder. Someone who suffers loss caused by another's negligence may be able to sue for damages to compensate for their harm. if miraculously saini was not injured but here damage is an essential ingredient to constitute a tort of negligence but for counterbalance and to cautiousness mistry is liable.