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Negligence or breach of duty as explained above does not may be attributed to another. For example; the negligent
automatically involves liability unless there is an action for act of an employee may be imputed to the employer. Due
damages and the following conditions are proved by the to negligent act of a nurse causing injury to the patient the
plaintiff in his action: doctor or surgeon is held liable legally.
4 The defendant was under a duty to exercise care
This is also called Vicarious Liability law by which a
towards the plaintiff motorist's negligence is imputed to the vehicle owner.
Imputed negligence may arise in partnership business or
4 There was a breach of that duty joint venture business. Liability arising from imputed
negligence is also covered in liability insurance.
4 The plaintiff sustained damages from such breach.
2.2; Nuisance
4 The breach of duty is the proximate cause of the
damages. It is a wrong done to another person by unlawfully
disturbing him in the enjoyment of his property or in the
For Example: When a plaintiff in an action for negligence exercise of common right. Nuisances are divided into two
suffers no damage to person or property, the common law groups-Public and Private.
does not permit him to recover notional loss except under
the cases of economic loss or financial loss in certain cases.
In S. C. M -V- W. J. Whittall and Sons (1970)--- a contractor Public nuisances generally do not fall within the purview of
had mistakenly cut an electric cable running alongside road law of torts except in particular case constituting some form
and supplying electricity to the plaintiff's factory. The of tort under common law. Keeping a house disorderly,
plaintiff's action for damages included; igniting fireworks in the street, selling food unfit for human
a) £368 for loss of metal in the course of processing, consumption are some of the examples. A member of public
who suffers damages over and above the inconveniences
b) £400 loss of profit which would have been made on the suffered by public at large may sue the wrong doer under
metal and public nuisance, which is a criminal offence.
c) £1767 estimated profit that could be made on further Private nuisance is interference for a substantial length of
lots of metal, which would have been processed in the time by owner or occupier of property with the use or
time, it took for restoring the electricity supply. enjoyment of neighboring property. Interferences with
rights that are actionable may be exemplified as: Wrongful
It was held that only £368 for loss of metal and £400 loss of disturbance of rights to land, lights, air, water, rivers etc.
profit thereupon were recoverable, but not £1767 starting Wrongful act of causing noxious things such as smoke, smell,
it was remote and indirect economic loss. noise etc.
Imputed Negligence A nuisance to be sustainable in an action must have two
Under certain circumstances, the negligence of one person features namely Injuria and Damnum. The former refers
to a wrongful act that constitutes or causes damage, while
the later implies that damage or loss actually suffered by
the plaintiff. No action for nuisance will sustain unless actual
damage is caused and suffered. Mere discomfort or
inconvenience is not actionable unless it is substantial.
Trespassing is a wrongful act committed with force or
violence on the person, property or relative right of another.
Thus if a person collides with another, it will be a trespass
to the person who may suffer damage as a result of collision
by the defendant. However trespass to be fit for action and
to be covered by liability policy must be negligent act.
Continued on Next Issue
The Insurance Times, December 2015 39
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