relevant and the carrier is fully responsible to the loss or damage
caused to the consignment. It may be true that the carrier ... form his responsibility if he proves that the accident or the
consequential damage was not due to his negligence while transporting
goods. In the present
example of an action on
the case succeeding without Proof of special damage.
...... At common law a frontager had the right of
entrance and exit ... right of passing except on proof of some
special or particular consequential damage suffered by
the plaintiff. The private right of access thus protected
includes
should be a breach of the said duty and also a consequential
damage. There is a cause of action for negligence when damage had occurred ... Duty to take care; (ii) Breach of Duty; and
(iii) Consequential Damage. More often the not, the facts and considerations
relevant to it overlapped
duty; (2) breach of the said duty; and (3) consequential damage. Cause of action for negligence arises only when damage occurs; for, damage
that the respondent had claimed
Rs.25,00,00,000/- as consequential damage and the Arbitrator has
granted the relief ... respondent in order to complete the project, after an
extension, no liquidation damage could have been claimed. It is further
submitted that time
years ago, have never raised
their voice against the consequential damage which are alleged to be caused to
the Society by virtue of the amendments
agreement speaks about liquidated damages during running, manning and maintenance. Consequential damage is dealt with under Clause 18 of the agreement. This clause fixes ... contract on consequential damages.
Quote: Neither NIOT or operator shall have any claim against each other for any consequential damage.
Unquote: No incidence of operational
breach of a legal
duty to take care which results in damage, undesired
by the defendant to the plaintiff. Therefore, negligence
is the breach ... duty; (2) Breach of the said duty and 1 (3)
Consequential damage."
14. Therefore, the definition 'Negligence' involves the following
constituents
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
occasion to consider such issue as to the consequential damage
caused to the Government Servant in case of belated framing of charges including
the judgment
