Page 121 - Liability Insurance IC74

Guide for Liability Insurance

(ii) breach of that duty - a general duty of care is owed
to all legal neighbours, those who are directly
affected by an act or omission. The degree of care
required from the owner varies according to the
different classes of persons in regard to whom it is
exercised.

(iii) injury or damage as a consequence of the breach
of the duty - the plaintiff must prove that he has
suffered injury or damage as a consequence of the
breach of duty of care. Injury could be death or
bodily injury and associated pain and suffering,
economic losses such as loss of actual earning or
earning capacity

(iv) causal connection between the breach of duty and
the injury or damage -the injury or damage should
be a consequence of the negligent act. There has
to be a close causal relationship between the breach
of duty and the injury or damage.

An action of negligence can proceed only if there is a
breach of that duty of care which will be determined by
courts with reference to the standard of care expected
by law. Obviously, this is subjective and depends upon
the court's decision. The degree of care or skill may
vary according to circumstances, and there is no

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