Judges. That case is a clear authority for the proposition, that consequential damage arising, from the breach gives no new cause of action. The claim
Judges. That case is a clear authority for the proposition that consequential damage arising from the breach gives no new cause of action. The claim
Tort is breach of legal duty to take care, which results in damage undesired by defendant to the plaintiff. Thus there are three ingredients ... scope of duty; (ii) Breach of that duty; (iii) Consequential damage to 'B'.
11. It has been further stated by Win-field that
noted however that the determination of the question, whether consequential damage that results to a vendor,. who has himself to pay the amount that
damage is done to the property. Such a damage may be occasioned by fire or by any other means. Therefore, the damage to any property ... afford the real basis for the assessment of damage. The damage to the property and the consequential loss to the owner are, therefore, co-related
reason of come existing cause likely to intervene so as to occasion damage to a third person."
16. The Privy Council decision in Ramanathan ... cause of the wrongful seizure of the goods and the consequential damage.
18. The view expressed in Mankalal Nihal Chana's case
caused to the vehicle, caused accidentally and not for consequential loss. The fact that accidental damage was caused to the insured vehicle has not been ... part of damage was allowed by the petitioner. The part of damage, which is being denied is not a consequential damage but an accidental damage
complainant;
II) breach of the said duty; and
III) consequential damage.
9. Damage is a necessary ingredient for negligence. Once it is found that there
duty; (2) breach of the said duty; and (3) consequential damage. Cause of action for negligence arises only when damage occurs; for, damage
form it purports to be merely an action for the consequential damage arising from the loss of service, resulting from the act complained of. Hence