Rashness and Negligence

From that classic case of Re Nidamarti Nagabhushanam (1872) 7 MHC 119.

The legalese:

“Culpable rashness is acting with the consciousness that the mischievous and illegal consequences may follow, but with the hope that they will not, and often with the belief that the actor has taken sufficient precaution to prevent their happening. The imputability arises from acting despite the consciousness (luxuria). Culpable negligence is acting without the consciousness that the illegal and mischievous effect will follow, but in circumstances which show that the actor has not exercised the caution incumbent upon him, and that if he had he would have had the consciousness. The imputability arises from the neglect of the civic duty of circumspection.”


Previous
Previous

Void and Voidable Contracts

Next
Next

Flavours of Section 300 Murder