Tortious Intention vs Negligence - Kyun Nahin Samajh Pata Hai?

torts judiciary intermediate question

I'm studying Law of Torts, and it seems like Tortious Intent and Negligence are just two sides of the same coin, but how do we differentiate between the two? If someone's action is intentional, but with no mens rea (mental element), is it not negligence, but still tortious? Then what's the point of drawing a line between the two? I mean, in cases like Thadani v. B.N Aggarwal and Brothers ([1962] SCR 427), the intention was there, but not the necessary mens rea. So, is it not an example of negligence? Or is it just a classic case of confusing students like me? Can someone clarify kyun nahin samajh pata hai, ye dono ka fayda ke liye?

0 comments

0 Comments

Sign in to join the discussion.