No
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1
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Meaning :
Damnum means
damage in the sense of money, loss of comfort, service, health etc.
Sine means without.
Injuria means legal injury or loss or infringement of a
legal right.
In short, Damnum sine injuria means damage without
infringement of any legal right.
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Meaning:
Injuria means
legal injury or loss or infringement of a legal right.
Sine means without.
damno means damages, monetary loss.
In short, Injuria sine damno means Injury without
damage or it means infringement of an absolute private right without any
actual loss or damage.
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2
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Example :
Gloucester Grammar school case, 1410 In this famous
case, Court held that, Deft not liable. Compensation is no ground of action
even though monetary loss in caused if no legal right is violated of anybody.
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Example:
Suppose 'A' enter a
private compound without permission of the owner just for asking water, here
the moment 'A' step in, A commit trespass and action can lie against 'A' even
no actual damage is caused. |
3
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Damage without injury is not actionable.
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This is actionable, because there is violation of legal right,
even though plaintiff suffers no loss in term of money and defendant is
liable.
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4
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Relevant Case law :
a) Mayor of Bradford v/s Pickles 1895
b) Gloucester Grammar school case, 1410
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Relevant Case law:
a) Ashby v/s White, 1703.
b) Marzetti v/s Williams 1830
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Difference between Damnum sine injuria and Injuria sine damno
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