Sushil Ansal vs State Thr.Cbi on 5 March, 2014
Equivalent citations: 2014 AIR SCW
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
breach of a legal duty to take care which results
in damage, undesired by the defendant to the plaintiff. The definition involves three constituents ... duty; (2) Breach of the said duty; and (3)
consequential damage.
11. Halsburys Laws of England (Fifth Ed. Vol.
78) states the nature of negligence
duty; (2) breach of the said duty; and (3) consequential damage. Cause of action for negligence arises only when damage occurs; for, damage
consequential loss / malicious damage
caused by the riots, strikes and malicious
damage to their factory under the
Yes.
consequential loss (Fire Insurance)
Policies issued ... consequential loss policies indemnify the plaintiffs
against the consequential loss due to riot, strike and malicious
damage. The aggregate sum assured under these two policies
caused to the engine of insured car cannot be termed as consequential damage
when the vehicle was stopped due to splash of water on account ... damage to the engine cannot be
said to be a consequential damage due to the negligence of the driver of the
driver of the vehicle
Sushil Ansal vs State Thr.Cbi on 5 March, 2014
Author: T.S. Thakur
Bench
duty; (2) breach of the said duty; and (3) consequential damage. Cause of action for negligence arises only when damage occurs; for, damage
Defendant's careless conduct and the
damage;
(4) that the particular kind of damage to the particular claimant is not so
unforeseeable ... 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". Apex Court in case ... duty; (2) Breach of the said duty; and (3) consequential
damage. In Donoghe v. Stevenson (1932) AC 562, Lord Machmillan distinguished
the carelessness and negligence