Chapter VIII.: Negligence.

Negligence and diligence.62. (1) Negligence is the omission or failure to use due care and caution for the safety of person or property within the meaning of this Act, and a person so omitting or failing, whether in respect of his own person or property or that of others, is said to be negligent.

(2) Diligence in this part of this Act has the same meaning as due care and caution, and a person using due care and caution is said to be diligent.

Evidence of negligence.63. (1) Where harm is complained of as caused by the negligence of any person, it is a question of fact whether that person has or has not been negligent.

(2) A person is not liable for negligence where the facts are not less consistent with diligence than with negligence on that person’s part.

(3) In determining whether one person has or has not been negligent towards another, regard is to be had to that other’s apparent means of taking care of himself.