Injuria sine damnam and damnam sine Injuria , Law of tort , Rk bangia

Описание: Injuria sine Damno and Damnum sine Injuria


Damno Sine Injuria

Damnum sine Injuria is a legal maxim which refers to as damages without injury or damages in which there is no infringement of any legal right which are vested with the plaintiff. Since no legal right has been infringed so no action lies in the cases of damnum sine injuria.  The general principle on which this maxim is based upon is that if one exercises his common or ordinary rights, within reasonable limits, and without infringing other’s legal right; such an exercise does not give rise to an action in tort in favour of that other person. Damages can be in any form either in the form of any substantial harm or loss suffered from respect to the money, comfort, health, etc. 

It is an implied principle in law that there are no remedies for any moral wrongs, unless and until any legal right has been infringed. Even if the act or omission such done by the defendant was intentional, the Court will not grant any damages to the plaintiff. As was cited in the case of Mayor & Co. of Bradford vs. Pickles (1895) in which the corporation of Bradford filed a suit against the defendant alleging that the act of defendant by digging a well in the adjoining land owned by the defendant has cut the underground supply of water in the corporation’s well hence causing them monetary losses since there was no adequate supply of water to discharge for the people living under the jurisdiction of the corporation. It was held that the defendant is not liable since they had not violated any legal right of the plaintiff. 

In another case of Gloucester Grammar School (1410) in which a schoolmaster, set-up a rival school to that of the plaintiff and since because of the competition the plaintiff had to reduce their fees from 40 pence to 12 pence per quarter. Thus claimed for compensation from the defendants for the losses suffered. It was held that the plaintiff had no remedy for the losses suffered, since the act though morally wrong has not violated any legal right of the plaintiff.



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