Negligence

It is carelessness of one party harming other party. Majorly, there are

two forms of it. It a term which is generally use for getting the
compensation.

Overview
Negligence is situation where person act like careless, & its lead to
damage in others party. Its one of the important part in law. In
negligence, people have to match with or act in certain standard. If
that person is not upto the mark then its going to harm other that is
negligence.

Elements of Negligence

1. Duty

2. Breach

3. Case in Fact

4. Proximate Cause

5. Damages
Case Related Automobile of Negligence:
Case 1:
Honda Cars Airbag Problem
Situation:
Hondas Airbags are outsourced to the company Takata. In 2014,
Takata found that there is problem with some their cars that were
Honda City, Honda Jazz, Honda CR V, Honda Accord, Honda Civic &
still they were not recalling vehicles for repair. But in Feb 2016,
Customer started complaining that airbags are exploding without any
accident.
Analysis:
Takata is airbag producing US based company. This company is
using Ammonium Nitrate for small explosion. So that while crashing
it can open. But this chemical loose its good quality over time & due
to the high heat & humidity chemicals starts burning faster & it was
exploding. & this was result into opening airbags while driving & It
was lead to accident. Takata airbags was known about it but they
havent change their airbags because the accident case or this was
taken place. But when this case ie situation take place after that they
recalled cars & replaced airbags.
Judgement:
Clearly, this case was related to negligence. Here, Honda should recall
those cars & they should replace airbags from Takata as well as they
should also ask for compensation which should be given to customer
who suffered from such accidents which was done in October 2016 in
India. & Total in India 1.9 Lakhs cars was recalled.
Case 2:
Tata Nano Burning Case
Situation:
In 2009 at Kolkata, One person parked Tata Nano in basement of
Theatre. But after sometime the car was exploded automatically
without any human intervention. & Cars that were parked near that
Tata Nano car was also exploded due to the fire of Tata Nanos car
explosion.
Analysis:
In investigation, It was found that there were problem with the Tata
Nano engine & Since, It was new car. So, there were not any
problem with car. Also the human losses was not taken place at that
time. But due to Tata is brand & they respect human values. So, they
stop Tata Nanos production. But at the time of manufacturing they
were aware of this issue. Since, they were in hurry to launch this new
car. So, they neglected that issue & they thought that this issue will
not so much of serious & It will create big problem. So, they didnt
resolve that.
Judgement:
Its a case of Negligence. Tata Motors neglected that issue. So, here
Tata Nano should stop the production of car. They should resolve the
issue then they can start production again. As well as, they should
give compensation to that person as well as cars that exploded due to
the explosion of Tata Nano.
Case Related Banking Sector due to Negligence:
Case 1:
ATM Fraud
Situation:
Here This was happened with Delhi Guy which is case of Negligence.
One day, He received one call & the caller told that they are from
bank & to verify the details they had made call. & They ask for his all
details including ATM Pin & on same day Rs. 50,000/- amount
withdrawn from his account. So, he filed case against bank.
Analysis:
This case is of negligence of person & bank proven it. Whenever you
received ATM card with that there is a letter which contain dos &
donts. There is always written that never share your pin with anyone
including bank employees. & Other thing is there is always written
into banks that they never make a call to person. They only sends
messages. But the person who ask for compensation & amount lost
from bank he neglected that things. So, this is case of negligence.
Judgement:
Here, bank is not liable to pay the compensation & amount that he
lost because its a case of negligence. The person neglected the things
that were informed him by bank. So, he can file FIR in cybercrime
department but not against bank
Case 2:
Credit Card Verification Failed
Situation:
This was case happened in Mumbai. Bank received credit card
application from telemarketing companies. In that there was Mr. As
information was there. This credit card was deliver to address where
that person never lived. The other person Mr. B who received card, he
used that card & he received bill of Rs. 10,000/-. But when he was
unable to pay that. So, after sometime when Mr. A applied for credit
card then that bank rejected him for giving credit card & gave him
poor credit score.
Analysis:
Here, Mr. A filed case against bank that he never get any credit card
still he get low credit score. In investing that it was fault of bank. The
proper address verification was not done. Its a kind of negligence that
bank has neglected this thing to proper address verification & finally
Mr. A suffered from this.
Judgement:
Bank should take back Mr. As poor credit score as well as they have
to paid compensation & provide him credit card as well as Bank
should collect amount from Mr. B for using credit card.
Conclusion:
So, from this assignment we learn concepts about negligence & from
real life cases we find it easy to understand. Negligence is a careless
behaviour & there is law for this where careless of one party harms
other party.