Page 102 - Liability Insurance IC74

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following conditions are satisfied: (i) existence of duty
of care towards the injured party(ii) breach of the duty
(iii) injury or damage as a consequence of the breach of
duty (iv) causal connection between the breach of duty
and the injury or damage.

(e) Nuisance - Ref Q2 of May 2008
Nuisance means the acts or omissions which unlawfully
interfere with another person's use or enjoyment of land
or of some right in connection with it .It can be of two
kinds, Public nuisance and Private Nuisance.

Public nuisance has been defined by Section 268 of the
Indian Penal Code .A person is guilty of public nuisance
when he does any act or is guilty of omission, which
causes any common injury, the insured or annoyance to
the public or to the people in general who dwell or
occupied property in the vicinity or which must
necessarily cause injury, ups traction, the insured
annoyance to persons who may have occasions to use
any public right.

Public nuisance cannot be the basis of a civil cause of
action, but is dealt by this State as a crime. Private
nuisance arises out of the use of one's own property in
such a way as to cause physical injury to the property
of another or interfere with his health or comfort. E.g

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