{"id":1569,"date":"2016-12-26T12:28:44","date_gmt":"2016-12-26T06:58:44","guid":{"rendered":"http:\/\/www.infipark.com\/articles\/?p=1569"},"modified":"2023-08-08T14:34:19","modified_gmt":"2023-08-08T09:04:19","slug":"damnum-sine-injuria","status":"publish","type":"post","link":"https:\/\/www.infipark.com\/articles\/damnum-sine-injuria\/","title":{"rendered":"Damnum sine injuria"},"content":{"rendered":"\n

The maxim \u2018damnum sine injuria \u2018<\/strong> literally means that there is an act which caused damage but no legal right is infringed . Such an act is not actionable in the law of Torts.<\/p>\n\n\n\n

The word  \u2018 damnum \u2018 means damage<\/b> . This damage may be loss of health , loss of service , physical hurt and loss of money or the like . The word \u2018 injuria\u2019 means a legal injury<\/b> or tortuous act or an infringement of legal right . And the word \u2018sine \u2018means without <\/b>. So the maxim means that a damage without infringement of any legal right<\/b> . Where there is no infringement of legal right , whatever loss one may sustain , no action lies against that act which is not at all a wrongful . Therefore , \u2018 damnum sine injuria \u2018 does not afford any right to sue for legal remedy including claim of compensation and etc.<\/p>\n\n\n\n

In order to make a person liable in law , the plaintiff must prove that he sustained legal injury . Damage without injury is not actionable . There are many acts which are , though harmful , are not wrongful , in the eye of law , and therefore , do not give rise to a right of action in favour of the person who sustains the damage .<\/p>\n\n\n\n

An example may be given with respect to this maxim .<\/p>\n\n\n\n

In the famous case of Gloucester Grammar School<\/b> , the defendant , a schoolmaster , set up a rival school next to that of the plaintiff , with the result that the boys from the plaintiff\u2019s school flocked to the defendant\u2019s . The plaintiff sued the defendant for the loss . It was held that no suit could lie , because bonafide competition can afford no ground of action , whatever damage it may cause .<\/p>\n\n\n\n

The general principle upon which the maxim is based is that if one exercises his common or ordinary rights , within reasonable limits , and without infringing other\u2019s legal right , such exercise of rights does not give rise to an action in tort in favour of that other person .<\/p>\n\n\n\n

In another famous case of Day Vs. Browning<\/b> , where the plaintiff\u2019s house was called \u201c Ashford Lodge \u201c for sixty years , and the adjoining house belonging to the defendant was called \u201c Ashford Villa \u201c for forty years . The defendant then altered the name of his house and started to call it \u201c Ashford Lodge \u201c . The plaintiff alleged that this act of defendant had caused him great inconvenience and annoyance , and had materially diminished the value of property . It was held that the defendant was not liable , as he had not violated any legal right of the plaintiff .<\/p>\n\n\n\n

The Privy Council pointed out in the case of Roger Vs. Rajendra Dutta<\/b>, that it is essential to an action in tort that the act complained of , should under the circumstances , be legally wrongful as regards the party complaining . That is , it must prejudicially affect him in some legal right .<\/p>\n","protected":false},"excerpt":{"rendered":"

The maxim \u2018damnum sine injuria \u2018 literally means that there is an act which caused damage but no legal right is infringed . Such an act is not actionable in the law of Torts. The word  \u2018 damnum \u2018 means damage . This damage may be loss of health , loss of service , physical hurt and […]<\/p>\n","protected":false},"author":7,"featured_media":1947,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[49],"tags":[86,85],"class_list":["post-1569","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-law-torts","tag-ccs-university","tag-ccsu"],"_links":{"self":[{"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/posts\/1569","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/users\/7"}],"replies":[{"embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/comments?post=1569"}],"version-history":[{"count":3,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/posts\/1569\/revisions"}],"predecessor-version":[{"id":8602,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/posts\/1569\/revisions\/8602"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/media\/1947"}],"wp:attachment":[{"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/media?parent=1569"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/categories?post=1569"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.infipark.com\/articles\/wp-json\/wp\/v2\/tags?post=1569"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}