report about damage to the engine as the same was only consequential damage. Learned counsel further argued that as per Clause 2 of Section ... engine also got damaged due to which the engine got seized. Thus, damage of other parts cannot be treated as consequential damage, rather
negligence), strict liability or otherwise for any special,
incidental or consequential loss or damage of any nature arising at
any time or from any cause ... against a Member be considered as a special, Incidental,
indirect, or consequential damage under this Agreement. All disputes,
26
ITA 5822/Del/2010 Assessment Year
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
unlawful assembly was
only to cause simple injuries and consequential damage to the properties of
the Balmiki community but some persons went beyond this common
unlawful assembly was
only to cause simple injuries and consequential damage to the properties of
the Balmiki community but some persons went beyond this common
unlawful assembly was
only to cause simple injuries and consequential damage to the properties of
the Balmiki community but some persons went beyond this common
unlawful assembly was
only to cause simple injuries and consequential damage to the properties of
the Balmiki community but some persons went beyond this common
unlawful assembly was
only to cause simple injuries and consequential damage to the properties of
the Balmiki community but some persons went beyond this common
unlawful assembly was
only to cause simple injuries and consequential damage to the properties of
the Balmiki community but some persons went beyond this common
unlawful assembly was
only to cause simple injuries and consequential damage to the properties of
the Balmiki community but some persons went beyond this common
