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    Damnum Sine Injuria

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    Cyber Magic
    The document discusses the legal maxim "damnum sine injuria" and its counterpart "injuria sine damno". Damnum sine injuria means damage caused to the plaintiff without violation of their legal rights, which is not actionable. Several cases are described where competitive behavior or use of one's own land caused damage but not injury. Injuria sine damno means violation of a legal right that causes no harm or loss, which can still be actionable. The principles are explained through mathematical formulas representing the presence or absence of defendant's act, plaintiff's injury, and plaintiff's loss.

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    Damnum Sine Injuria

    Uploaded by

    Cyber Magic
    376 views2 pages
    The document discusses the legal maxim "damnum sine injuria" and its counterpart "injuria sine damno". Damnum sine injuria means damage caused to the plaintiff without violation of their legal rights, which is not actionable. Several cases are described where competitive behavior or use of one's own land caused damage but not injury. Injuria sine damno means violation of a legal right that causes no harm or loss, which can still be actionable. The principles are explained through mathematical formulas representing the presence or absence of defendant's act, plaintiff's injury, and plaintiff's loss.

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    Dannum thesis

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    The document discusses the legal maxim "damnum sine injuria" and its counterpart "injuria sine damno". Damnum sine injuria means damage caused to the plaintiff without violation of their legal rights, which is not actionable. Several cases are described where competitive behavior or use of one's own land caused damage but not injury. Injuria sine damno means violation of a legal right that causes no harm or loss, which can still be actionable. The principles are explained through mathematical formulas representing the presence or absence of defendant's act, plaintiff's injury, and plaintiff's loss.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    376 views2 pages

    Damnum Sine Injuria

    Uploaded by

    Cyber Magic
    The document discusses the legal maxim "damnum sine injuria" and its counterpart "injuria sine damno". Damnum sine injuria means damage caused to the plaintiff without violation of their legal rights, which is not actionable. Several cases are described where competitive behavior or use of one's own land caused damage but not injury. Injuria sine damno means violation of a legal right that causes no harm or loss, which can still be actionable. The principles are explained through mathematical formulas representing the presence or absence of defendant's act, plaintiff's injury, and plaintiff's loss.

    Copyright:

    © All Rights Reserved
    Download as DOC, PDF, TXT or read online from Scribd
    Download as doc, pdf, or txt
    of 2

    Damnum Sine Injuria

    It means damage which is not coupled with an unauthorized interference


    with the plaintiffs lawful right. Causing of damage, however substantial, to
    another person is not actionable in law unless there is also violation of a
    legal right of the plaintiff.

    In Gloucester Grammar School case, the defendant had set-up a rival school
    to that of the plaintiffs with the result that the plaintiffs were required to
    reduce the tuition fees of their school substantially. It was held that the
    plaintiff had no cause of action against the defendant on the ground that
    bonafide competition can afford no ground of action, whatever damage it
    may cause.

    In Mayor of Bradford v. Pickles, (1895) AC 587, the House of Lords held that
    even if the harm to the plaintiff has been caused maliciously no action can
    lie for the same unless the plaintiff can prove that he has suffered injuria.
    In this case the plaintiffs had been deriving water from the adjoining land
    of the defendant which was at a higher level. The defendant sank a shaft
    over his own land which diminished and discolored the water flowing to
    the land of the plaintiffs. The plaintiffs claimed an injunction to restrain
    the defendant from sinking the shaft alleging that the sole purpose of the
    same was to injure the plaintiffs as they did not purchase his land at an
    exorbitant price. The House of Lords held that since the defendant was
    exercising his lawful right he could not be made liable even though the act,
    which injured the plaintiff, was done maliciously.

    In Mogul steamship Co. v. McGregor Gow and Co.,(1891) AC 25, a number of


    steamship companies combined together and drove the plaintiff company
    out of the tea-carrying trade by offering reduced freight. The House of
    Lords held that the plaintiff had no cause of action as the defendants had
    by lawful means acted to protect and extend their trade and increase their
    profits.
    The maxim damnum sine injuria can be better explained by the following
    mathematical formula as deduced by Prof. S.P. Singh in his book Law of
    Tort as:

    Act + Loss Injury = Damnum sine injuria

    Defendants act + plaintiffs loss Plaintiffs injury = Damnum sine injuria.

    Defendants act + Defendants malice + Plaintiffs loss Plaintiffs injury =


    Damnum sine injuria.

    Injuria Sine Damno

    Injuria sine damno means violation of a legal right without causing any
    harm, loss or damage to the plaintiff. It is just reverse to the maxim
    damnum sine injuria. In Ashby v. White, (1703) 2 LR 938, the plaintiff was a
    qualified voter at a parliamentary election, but the defendant, a returning
    officer wrongfully refused to take plaintiffs vote. No loss was suffered by
    such refusal because the candidate for whom he wanted to vote won
    inspite of that. The defendant was held liable, even though his act did not
    cause any damage.

    In case of injuria sine damno the loss suffered by the plaintiff is not
    relevant for the purpose of a cause of action. It is relevant only for
    assessing the amount of damages. If the plaintiff has suffered no harm and
    yet the wrongful act is actionable, nominal damages may be awarded.

    Thus, the maxim injuria sine damno can be better explained by the
    mathematical formula deduced by Professor S.P. Singh in his book Law of
    Tort as:

    Act + Injury-Loss = Injuria sine damno.

    Defendants act + Plaintiffs Injury Plaintiffs loss = Injuria sine damno.

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