Law:

Section:

(a) Tort--- ---- Negligence ---Carelessness---Effect---Duty to take care ---Essentials--­Negligence in the sense of mere carelessness, would not give rise to any cause of action---Carelessness, however, would assume legal quality of negligence where there was duty to take care and where failure in that duty had caused damage---Duty to take care was, thus, essential ingredient of tort of negligence---Unless such duty was established, no case of actionable negligence could arise---"Duty" connotes relationship between one person and another, imposing on the one an obligation for the benefit of that other to take reasonable care in all circumstances.---[Words and phrases]. Donoghue v. Stevenson 1932 AC 562 and Lochgelly Iron & Coal Co. v. M'Mullen 1933 AC, 1 rel. (b) Tort-. ----Negligence---Death by electrocution---Defendant's liability for negligence--­Test of foreseeability---Defendant being manufacturer, supplier and distributor of electricity ought to have foreseen, as a reasonable man would do that if the overhead electric wires were not maintained properly and sufficient safeguards were not provided and further steps were not taken in the event of wire breaking, to ensure that it should not remain live, injury or even death, would be caused to persons at any place where they had a right to be either for business or for pleasure Buckland v. Guildford Gas Light & Coke Co. (1949) IKB, 410 and Halsbury's Laws of English, Vol. 34, 4th Edn., para. 54 rel. (c) Tort--- ---- Negligence ---Death caused by electrocution of live wire---Claim for damages---Proof---Plaintiff had proved that deceased died as a result of electrocution by a line of electric wire which was broken and was lying on road unguarded and unattended---Death in such circumstances pointed prima facie to failure on the part of defendant to take care because overhead wires if properly maintained, were not ordinarily expected to break down---Burden of proof, therefore, shifted to defendant to show that it had taken all reasonable precautions to avoid the injury complained of---Defendant had failed to discharge that burden and was, thus liable for damages. (d) Tort--- ----Negligence---Death caused…

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