Page 78 - Liability Insurance IC74
P. 78
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conditions are satisfied. Explain with the help of
case law.
Ans. Ref Q2(a) of May 2008
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.
In the case of Devendrakumar Patni v Nirmalbai , the
proprietor of a cinema hall failed to provide a step at
the exit of the premises. The exit door was further
blocked by a car parked negligently.
The plaintiff broke her leg while leaving the cinema. It
was held that the accident was caused by the defendant's
negligence is not supplying a step and the danger of
accident was further aggravated by parking of the car
which the proprietor could have prevented. Hence, the
cinema proprietor was held liable for damages.
Q3. Write comprehensive note on Directors and
Officers liability policy.
Ans. Ref Q10 (b) of May 2007
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