Negligence and Duty of Care

2026-06-12

Exam Snapshot

Negligence in tort law is a failure to exercise reasonable care, causing damage to another. For an entrance MCQ, remember the four essential elements: Duty, Breach, Causation, and Damages.

Core Concept

• Duty of Care: The legal obligation to avoid acts or omissions that could foreseeably harm others. Based on the 'Neighbour Principle', you must not injure your neighbour.
• Breach of Duty: Falling below the standard of a 'reasonable person' in a similar situation. It is objective, not subjective.
• Causation: A direct link (factual and legal) showing that the breach caused the harm.
• Damages: The actual loss or injury suffered by the plaintiff; without damage, there is no negligence tort.

Nepal Law Anchors

• Muluki Civil Code 2074 (Civil Code): Sections 648 onwards establish the liability for compensation arising from civil wrongs and tortious acts.
• General Principles: The courts in Nepal often refer to the principles of tort developed through common law precedents when statutory provisions require interpretation.

Confusable Terms

• Negligence vs. Gross Negligence: Negligence is a failure to use reasonable care; Gross Negligence is a reckless or extreme departure from the standard of care.
• Negligence vs. Strict Liability: Negligence requires proving fault/breach; Strict Liability (e.g., Rylands v. Fletcher) imposes liability regardless of fault.

MCQ Traps

• Trap: Assuming negligence is always a crime. Correction: Negligence is primarily a civil wrong (tort); it only becomes criminal negligence if it satisfies specific criteria under the Criminal Code.
• Trap: Thinking 'harm' must be physical. Correction: Damage can include financial loss, property damage, or psychological harm.

Example

A driver speeds through a school zone and hits a pedestrian. The driver had a Duty of Care to drive safely, Breached that duty by speeding, Caused the accident, and the pedestrian suffered Damages (injuries).

Memory Hook

Remember the acronym DBCD: Duty, Breach, Causation, Damages.

Quick Revision

• Negligence is objective (reasonable person test).
• Duty of care is mandatory for liability.
• Causation links the act to the result.
• No damage means no tort of negligence.
• Muluki Civil Code 2074 provides the statutory base for tort compensation.