Negligence, Professional Negligence and Penalty


empty black rolling chairs at cubicles
empty black rolling chairs at cubicles
What does expression “negligence” connotes and how ordinary negligence differs from gross negligence?

The expression “negligence” in fact connotes a dearth of attentiveness and alertness or disdain for duty. The genus of accountability and responsibility differentiates and augments an act of gross negligence to a high intensity rather than an act of ordinary negligence. To establish gross negligence, the act or omission must be of a worsened genre whereas ordinary negligence amounts to an act of inadvertence or failure of taking on the watchfulness and cautiousness, which by and large a sensible and mindful person would bring into play under peculiar set of circumstances.

What is professional negligence?

Lord President Clyde in Hunter v Hanley vis-à-vis negligence, observed: “in relation to professional negligence I regard the phrase ‘gross negligence’ only as indicating so marked a departure from the normal standard of conduct of a professional man as to infer a lack of that ordinary care which a man of ordinary skill would display.”

What is modern notion of proportionality regarding imposing penalty?

It is now a settled proposition of law that a penalty should be proportionate to the guilt. Since the current constitutional era has been termed as the ‘age of proportionality’, the modern notion of proportionality requires that the punishment ought to reflect the degree of moral culpability associated with the offence for which it is imposed.

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