Tortious Act vs Negligent Act
torts cuet_pg intermediate mcq_debateKya yeh sawal koi bhi samjhe? Main aur meri friend, Rohan, ne aaj ke lecture me is question par discussion ki thi. Question hai: MCQ: Disha, a student, was driving rashly and hit a pedestrian, Rohan (not my friend, different guy!), who suffered injuries. In his defence, Disha claimed that she was on her way to an emergency and was driving recklessly to reach the hospital. However, she failed to inform the police or any other authority about the accident. What is the correct answer? A. Disha was not liable for causing harm to Rohan as it was an emergency situation. B. Disha is liable for causing harm to Rohan, but not for failing to report the accident under the Motor Vehicle Act. C. Disha is liable for both causing harm and failing to report the accident.
3 Comments
"Tortious Act vs Negligent Act, yeh dono hi alag-alag cases hain. Tortious Act kaha jata hai jab koi aisi galti kar deti hai jo intentionally hoti hai, jaise ki harassment ya fraud. Lekin Negligent Act jab koi aisi galti hoti hai jo unintentionally ho sake, jaise ki train se girta hua log ya kisi accident ka shikaar hone wala.
Tortious Act aur Negligent Act ka differ karna bahut zaroori hai. Tortious Act mein intentional or reckless action shaamil hote hain, jaise ki physical harm ya property damage karne ke liye. Lekin Negligent Act mein koi intention nahin hota, lakin still koi action ki wajah se kuch galat hota hai, jaisa ki koi road accident. Dusron ke haq mein case mein saza lene ke liye bhi iska impotance hai.
T tortious act (kanooni karya) and negligent act (khatarnak karya) don't mean same thing. Tortious act (e.g. cheating, defamation) is intention-based and causes direct harm. Negligent act (e.g. driving carelessly, medical malpractice) is unintentional but still causes injury due to careless behavior. Key distinction lies in intention - tortious act is planned, negligent act is unplanned. Understanding this difference is crucial for litigants and lawyers to establish liability.