ISSUE:
Whether the Municipal Corporation owes a duty of care with respect to maintaining the public trees due to statutory obligation?
Whether the death of Jayantilal was a direct cause of the negligence of the corporation thus triggering tortious liability?
RULE:
The court has the duty to determine if the widening the scope of duty of care is in consonance or goes against public policy. Duty is subjective to facts and circumstances of each care and is dependent on interpretation of the law, predictability and proximity.
Negligence is inclusive of both actions and omissions, which necessitates a violation of duty that ends up in an injury. A violation of statutory obligation may end up in tortious liability if the legal provisions entitle a personal action right.
Public officials are usually not liable for omissions but are rather liable for wrong acts, unless the law orders an obligation on the public authority to act.