Damnum sine injuria is a Latin maxim that means there is any type of damage or loss, but there is no violation of the person’s legal rights. Therefore, as no legal right has been violated then there is no liability in the cases of damnum sine injuria.
|Damnum Sine Injuria Meaning|
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. Or 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.
And, if there is no infringement of the legal rights of the plaintiff then the defendant could be held liable for the damages caused to the plaintiff. Hence, if the act was intentional and caused harm to the plaintiff then also it is not actionable because the harm 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 upon 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. Under Article 19 (1) (g) of the Constitution of India, the defendant has the fundamental right to carry on any occupation, trade and business. Thus, the defendant could not be held liable.
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.