Damnum Sine Injuria is the Latin Maxim and the damnum/damno sine injuria meaning has been provided in the Law of Torts. Damnum sine injuria is the maxim that is opposite to the Injuria sine damnum.
Damnum sine injuria is a Latin maxim that means there is any type of damage or loss but there is no violation of the legal rights of the person. Therefore, as no legal right has been violated then there is no liability in the cases of damnum sine injuria.
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Damnum Sine Injuria |
Damnum Sine Injuria Meaning
Damnum sine injuria meaning has been provided under the law of torts. Literally, damnum/damno sine injuria means when one person due to his acts damages or loss to another person but there is no infringement of the legal rights of that person, therefore, the person could not be held liable for the loss caused to another person.
Damnum sine injuria means damage without injury. In other words, it means damage caused to the plaintiff without any violation of the legal rights of the plaintiff. Such damage to the plaintiff can be in the form of loss in terms of money, property or physical injury.
Damnum sine injuria is defined as "No action will lie if there is an actual damage or loss but there has been no infringement of a legal right." Therefore, where there is no infringement of any legal right then the mere fact of damage or loss will not render such act or omission actionable although the damage may be substantial or even irreparable.
And, if there is no infringement of any legal rights of the plaintiff then the defendant could not be held liable for the damages caused to the plaintiff. Hence, if the act was intentional and caused damages to the plaintiff then also it is not actionable because the loss to the plaintiff was without violating the legal rights of the plaintiff.
In brief, the damnum/damno sine injuria is the basic principle which is based that if one exercises his common and ordinary rights within reasonable limits and without infringing the legal rights of another person.
Gloucester Grammer School Case
In Gloucester Grammar School Case, the defendant was a schoolmaster and intentionally opened a school in front of the plaintiff’s school. Because of this, the competition increased between the Gloucester Grammar School and School as a result Plaintiff's school was suffering from the loss. The plaintiff had reduced the 30% amount of the admission fees.
Later, the plaintiff filed a suit against the defendant for the damages caused to him. But, the court held that the defendant had not made any violation of the legal rights of the plaintiff, and under Article 19 (1) (g) of the Constitution of India, the defendant has a fundamental right to carry on any occupation, trade and business. Thus, the defendant could not be held liable.
In Mogul Steamship Co. Ltd. v/s McGregor, Gow & Co., the plaintiff was an independent ship owner and used to send cargo from China to England. Four ship owners who were the defendants, formed an association and offered special concessions to customers to outdo their competitor, the plaintiff. As a result of this competition, the plaintiff suffered financial losses and sued all four defendants for compensation.
Damnum Sine Injuria Examples
Healthy Competition
Whenever, a new business or trade enters into the market and competes fairly with another, causing them to lose some of the customers or profits, as it attracts them to new business. However, as long as the business does not engage in unfair practices or violate any legal rights, the losses incurred by the existing business would be considered as damage without causing injury i.e. damnum sine injuria.
Price Reduction
When a retailer reduces the prices of certain goods, to attract customers from competitors, it may be financially damaging to the competitors but as long as the price reduction is not part of an anti-competitive strategy or does not involve any unlawful conduct, it falls under damnum sine injuria.
Employee Mobility
If an employee leaves one company to work for another competitor company and brings some customers along, the former employer may incur a loss. However, unless the departing employee violated a non-compete agreement, this situation typically constituted damnum sine injuria.
Public Construction Projects
Government projects like bridge construction can cause inconvenience and financial losses to nearby businesses due to reduced access or noise. Unless there are negligence or contractual violations by the authorities, these losses are generally considered as damnum sine injuria.
Frequently Asked Questions
What is damage without injury in tort?
Damnum sine injuria is a Latin legal maxim that basically means damage without injury. It means an actual loss that occurs without the infringement of any legal rights. This is because the mere loss of money or money's worth does not amount to any tort.
What is the Gloucester Grammar School case law?
The Gloucester Grammar School case is the most important case that explains the concept of Damnum sine injuria. Damnum sine injuria is the most important concept in the Law of Torts which explains there may be real harm caused to a person but that harm may not create legal damage. It means damage without injury.
What is the meaning of injuria sine damnum?
Injuria sine damno means violation of a legal right without causing any harm, loss or damage to the plaintiff. Unless there has been a violation of a legal right, there can be no action under the law of torts.
Is damnum sine injuria damage without legal injury?
“Damnum sine injuria” refers to harm without legal injury, meaning that although harm (damage) occurs, no legal wrong has been committed. Conversely, “injuria sine damno” denotes injury without damage, where there's a legal wrong despite no tangible loss suffered.
Conclusion
Damnum sine injuria is the Latin maxim with the goal that no ground of action or cause of action exists for a person who acts within reasonable limits even if the other person suffers any loss or damages due to the conduct of that person.