Explain the Latin maxims 'damnum sine injuria' and 'injuria sine damnum'.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2021
Explain the Latin maxims 'damnum sine injuria' and 'injuria sine damnum'.
Answer & Explanation:
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. Common examples are, where the damage results from an act done in the exercise of legal rights. Injuria Sine Damnum It means injury without damage, i.e., where there is no damage resulted yet it is an injury or wrong in tort, i.e. where there is infringement of a legal right not resulting in harm but plaintiff can still sue in tort. Some rights or interests are so important that their violation is an actionable tort without proof of damage. Thus when there is an invasion of an "absolute" private right of an individual, there is an injuria and the plaintiff's action will succeed even if there is no damages.
Topics: Law of Torts
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