Damnum Sine Injuria
Damnum Sine Injuria means damage without injury(infringement of legal rights).In other words,Causing of damage,however substantial,to another person is not actionable in law unless there is also a violation of legal rights.Therefore,there will be no compensation for the plaintiff,if he has not suffered any legal injury.
Leading Case Laws For Damnum Sine Injuria :
- Glaucester Grammar School Case : The defendant has setup a rival school for teaching grammar near the plaintiff’s grammar school due to which the plaintiff suffered the loss as his students started joining defendant’s school.Due to this competition,plaintiff have to even lower down the fees of his school.
So,Plaintiff sued the defendant to seek compensation,but no compensation was given as there is no legal injury has happened to plaintiff.
- Ushaben v. Bhagya Laxmi Chitra Mandir : Plaintiff sued the defendant for permanent injunction as movie,”JAI SANTOSHI MAA” was hurting the religious sentiments as Goddess were depicted as jealous.
No compensation was given as there wasn’t any legal injury to plaintiff.
- Robinson v. Kilvert (BROWN PAPER CASE) : There was a two floor building where the defendant owns the ground floor where as the plaintiff owns the upper floor.Plaintiff use to do some work related to brown paper(highly flammable) whereas defendant use to do sort of work that produces heat.One day,due to heat production,plaintiff’s brown paper caught fire and everything got burnt.
No Compensation was given as the heat produced wasn’t extra ordinary.It was plaintiff’s mistake that he kept the brown paper on the floor even after knowing that there are chances of burning.Also there was no legal injury faced by plaintiff.
- Mogul Steamship Co. v. McGregor’s Crew & Co. : All the steamship companies united and drove the plaintiff’s company out of the tea trade by reducing their freights due to which plaintiff suffered loss.
No Compensation was given as the other companies are only doing marketing practises and also there wasn’t any injury to the plaintiff.
- Chasemore v. Richards : The defendant sank a well quarter a mile of a mill away from a natural stream & pumped up water for supply to neighboring town,due to which plaintiff was not getting the sufficient amount of water as he was getting earlier from the stream.Plaintiff’s mill was a lot dependent on water and because of shortage of water he suffered loss.He filed a suit against defendant.
No compensation was given because there was no legal right violated by defendant,i.e,there was no injury.
Other referred cases are for Damnum Sine Injuria’s Notes are Bradford Corporation v. Pickles and VishnuDutt v. Board of HS.
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