contamination of the product, to check their own corrosion and consequential damage to the furnace and to ensure that the quality of steel
policy included perils of debris removal clause and earthquake fire and shock damage clause. The complainant company has also taken a 'Loss of Profit ... give the consent under compelled circumstances. The complainants suffered consequential damage to the plant and the small hydro power unit restarted
must be a breach of the said duty; and also a consequential damage. Only when damage occurs, there is a cause of action for Negligence
would be apportioned rateably as between the said physical damage and consequential damage and that the underwriter should pay the uncovered ... balance of the physical damage. The assessee thus recovered the amount of the physical damage in full, 21,404 towards consequential damage
duty; (2) breach of the
said duty; and (3) consequential
damage. Cause of action for negligence
arises only when damage occurs; for,
damage
breach of a legal duty to take care which results in damage, undesired by the defendant, to the plaintiff. Thus, its ingredients ... scope of the duty. (b) Breach of that duty. (c) Consequential damage to B."
26. The Hon'ble Supreme Court in the case
duty to take care and where failure in that duty has caused damage. In such circumstances carelessness assumes the legal quality of negligence and entails ... duty; (2) breach of the said duty; and (3) consequential damage. Cause of action for negligence arises only when damage occurs; for, damage
property has been sold, and as limited to claims for consequential damages. This is obviously not the sense in which the word is used ... Article 29 is not restricted in its, application to cases of consequential damage, but applies also to the case where the value of the property
ordinarily means failure to do statutory duty or otherwise giving rise to 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,
Liability in negligence is technically described
purpose of stability and to prevent vibration and consequential damage. He has noted that the original authorities pointed out that