Page 55 - Liability Insurance IC74

Guide for Liability Insurance

been defined as the breach of duty caused by the
omission to do something with a reasonable man, guided
upon those considerations which ordinarily regulate the
conduct of human affairs, put to, something which are
prudent and reasonable man would not do. In simple
words negligence means 'absence of care'. A civil action
for negligence can be sustained when the 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.

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 .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 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. A nuisance 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

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