Document Fragment View
Fragment Information
Showing contexts for: consequential damage in Jang Bahadur Singh vs Sunder Lal Mandal And Ors. on 27 June, 1961Matching Fragments
24. The essential conditions of liability for negligence accordingly, arc:
(i) The existence of a duty owed by the defendant to the plaintiff himself, and not merely to others to take reasonable care towards the plaintiff to avoid the damage complained of;
(ii) The breach of that duty on the part of the defendant and,
(iii) Consequential injury or damage thereby, i.e. damage as the natural and probable consequence and the direct cause of breach of the duty complained of.
25. As observed by Viscount Simonds of the Privy Council in Overseas Tankship (U. K.) v. Morts Dock and Engineering Co. Ltd., (1961) 1 All ER 404 at page 415, ''The essential factor in determining liability is whether the damage is of such a kind as the reasonable man should have foreseen."