Water supply to A's mill was disrupted due to B's digging of his well. This resulted in the cutting of the water supply to the A's mill, due to which it was shut down. A filed a suit for damages against B in a court of l
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · June 2024
Water supply to A's mill was disrupted due to B's digging of his well. This resulted in the cutting of the water supply to the A's mill, due to which it was shut down. A filed a suit for damages against B in a court of law. Decide and give reasons for your conclusions.
Answer & Explanation:
The given situation comes in the bracket of Damnum Sine Injuria . Damnum means harm, loss or damage in respect of money, comfort, health, etc. Injuria means infringement of a right conferred by law on the plaintiff. The maxim means that in a given case, a man may have suffered damage and yet have no action in tort, because the damage is not to an interest protected by the law of torts. Therefore, causing damage, however substantial to another person is not actionable in law unless there is also a violation of a legal right of the plaintiff. In Gloucester Grammar School Case , defendant after leaving Plaintiff's School where he worked as a teacher, started his own school. Being a teacher of standing, many students of Plaintiff's school left and enrolled themselves into the defendant's school. The plaintiff filed a suit for monetary damages incurred by his own. The court held that the defendant is not liable because competition is no ground of action even though monetary loss is caused. In case of Chasemore v. Richards, 1859 , water supply to Plaintiff's mill was disrupted due to defendant's digging of his well. This resulted in cutting of water supply to plaintiff's mill due to which it was shut down. Court held defendant not liable because although monetary losses were incurred there was no violation of legal right. In view of the above mentioned principle and case laws, it can be said that B is not liable to pay because although monetary might have been incurred but there was no violation of legal right.
Topics: Tort Law
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