Page 163 - Liability Insurance IC74

Guide for Liability Insurance

(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
absolute standard.

However, the persons who use dangerous materials like
explosives, fireworks etc have to exercise more care.
Similarly members of learned professions like doctors,
solicitors etc need to exercise greater care.

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