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Questions and Answers
Which of the following scenarios best exemplifies the principle of 'Damnum sine Injuria'?
Which of the following scenarios best exemplifies the principle of 'Damnum sine Injuria'?
- Publishing false statements that harm someone's reputation.
- A person trespassing on private property and causing damage.
- A business losing profits due to a competitor opening nearby. (correct)
- Directly obstructing water flow to a mill, causing it to stop functioning.
In 'Damnum sine Injuria', the presence of substantial damage automatically warrants legal action against the party causing the damage.
In 'Damnum sine Injuria', the presence of substantial damage automatically warrants legal action against the party causing the damage.
False (B)
Explain how the 'Gloucester Grammar School case' illustrates the concept of 'Damnum sine Injuria'.
Explain how the 'Gloucester Grammar School case' illustrates the concept of 'Damnum sine Injuria'.
The loss suffered by the schoolmasters due to competition was damage without legal injury.
In the case of Chesmore vs. Richards, the plaintiff's loss was a result of the defendant's use of their land, which demonstrates the principle that using one's own property, even if it causes ________ to another, is not actionable if no legal right is violated.
In the case of Chesmore vs. Richards, the plaintiff's loss was a result of the defendant's use of their land, which demonstrates the principle that using one's own property, even if it causes ________ to another, is not actionable if no legal right is violated.
Match the case with the legal concept it primarily illustrates:
Match the case with the legal concept it primarily illustrates:
Flashcards
Damnum sine injuria
Damnum sine injuria
Damage without legal injury, where loss occurs without violation of a legal right.
Actionability of Damage
Actionability of Damage
Causing substantial damage to another isn't actionable unless a legal right is violated.
Gloucester Grammar School case
Gloucester Grammar School case
Setting up a rival business causing loss to a competitor isn't a legal wrong if no rights were violated.
Chesmore vs. Richards
Chesmore vs. Richards
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Damnum meaning
Damnum meaning
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Study Notes
- Law of Torts deals with Damnum Sine Injuria
Damnum Sine Injuria
- Refers to damage without injury.
- Damage includes loss of money, comfort, or health.
- Injury includes an act that is a trespass, or the violation of a private legal right.
- It arises when there is damage without unauthorized interference with a lawful right.
- Causing substantial damage to another is not actionable unless a legal right of the plaintiff is violated.
Gloucester Grammar School Case
- The defendant, a schoolmaster, started a rival school.
- Due to the competition, the plaintiffs had to lower their fees from 40 pence to 12 pence per scholar per quarter.
- The plaintiffs had no legal recourse for the loss they sustained.
- Justice stated "Damnum may be abseque injuria"
- If someone builds a mill near yours and profits are diminished, there is no action to take without a legal right.
- However, if a miller interferes with your water supply or creates a nuisance, you have legal recourse.
Chesmore vs. Richards
- A mill owner used water from a stream fed by percolating rainfall for 60 years.
- The defendant pumped large quantities of water from a well, reducing water to the stream.
- The defendant was not held liable despite causing a loss to the mill owner.
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Description
Explore Damnum Sine Injuria in the Law of Torts, referring to damage without legal injury. Learn when loss of money, comfort, or health isn't actionable, and discover the importance of violated legal rights. Includes the Gloucester Grammar School Case, offering a detailed example.
