Page 103 - Liability Insurance IC74

Guide for Liability Insurance

wrongful escape of smoke, smell, fumes, gas, noise etc.
as private nuisance is in act affecting a particular
individual it leads to a civil cause of action for damages.
An instance may be the result of negligence, and in some
circumstances the same act or omission may be the
basis of an action convalescence or negligence.

However, nuisance does not form part of the law of
negligence. Liability for nuisance may arise in spite of
the fact that the person has taken all possible care. In
fact, generally speaking, the duty on the part of the wrong
doer is absolute and liability arises if damage can be
proved. But in case of negligence, liability arises only
out of failure to exercise that degree of care demanded
by that particular situation. Action for nuisance is
sustainable only when there is actual damage which may
be physical damage to premises or property of another
or interference with the enjoyment of the premises.

(f) Special damages - Ref Q2(c) of May 2008
Special damages comprise of (a) actual loss of earnings,
suffered as a result of injury. (b) medical, nursing and
other expenses necessarily incurred as a result of the
injury and (c) funeral expenses.

The above expenses are computed up to the date of
settlement of judge ment.

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