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
N. Mohamed Hussain Sahib vs The Chartered Bank, Madras And Anr. on 16 October, 1963
compensation for the breach : and he must establish the loss or damage consequential on the non-consumption of electricity by the defendant and claim only
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
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
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
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
duty; (2) breach of the said duty; and (3) consequential damage. Cause of action for negligence arises only when damage occurs; for, damage
duty; (2) breach of the said duty; and (3) consequential damage. Cause of action for negligence arises only when damage occurs; for, damage
destruction of any property, etc. It was the alleged probable consequential damage to other property which was the cause of complaint and though that would