till reconstruction of plaintiff's house
and payment of consequential damage.
Case of the Defendants:
9. Defendants Sh. Harminder Singh and Sh. Gurcharan Singh ... suit seeking compensation for
reconstruction of plaintiff's house with consequential damage has been
filed alleging that plaintiff's property has got damaged
duty; (2) breach of the said duty; and
(3) consequential damage. Cause of action for negligence arises only
when damage occurs; for, damage
application as MII's claim is not for any consequential damage but for the
direct losses occasioned by BSCL's breach of contractual
Sushil Ansal vs State Thr.Cbi on 5 March, 2014
Equivalent citations: 2014 AIR SCW
duty; (2) breach of the said duty; and (3)
consequential damage. Cause of action for negligence
arises only when damage occurs; for, damage
sake of certainty and
uniformity irrespective of whether the party benefited was
damage. Winfield has defined 'negligence' as under:
" 'Negligence ... scope of the duty;
(b) breach of that duty;
(c) consequential damage to B."
12
According to Dias,
"[L]iability in negligence
accepted at its face value, would seem to indicate that the damage complained of was such as would require only an expenditure ... proper time, if the repeated allegations of misuse and the consequential damage to the roof happened in fact to be true. He may have been
scope of the duty; (2) breach of the
said; and (3) consequential damage. Cause of -action for
negligence arises only when damage occurs; for, damage
party
complaining should be able to prove that he has suffered
damage in consequence of a breach of that duty ... duty; (2) breach of the said duty; and (3)
consequential damage. Cause of action for negligence
arises only when damage occurs; for, damage
Naval Kumar Alias Rohit Kumar vs State Of H.P. & Ors on 9 January