Law of Torts - PDF
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This document provides an overview of the Law of Torts, focusing on the concept of Damnum Sine Injuria and associated case laws. It discusses the aspects of damage, injury, and lawful rights, illustrated through various examples.
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Law Of Torts Damnum Sine Injuria Damnum sine injuria Damnum sine Injuria Damage Injury Without Money Act Comfort Private Health...
Law Of Torts Damnum Sine Injuria Damnum sine injuria Damnum sine Injuria Damage Injury Without Money Act Comfort Private Health Trespass legal Defamation right It means which is not coupled with an unauthorized interference with the plaintiff’s lawful right. Damnum sine injuria Causing of damage, however substantial, to another person is not actionable in law unless there is also violation of a legal right of the plaintiff. Case Laws Gloucester Grammar School case :- There, the defendant, a schoolmaster, set up a rival school to that of the plaintiffs. Because of the competition, the plaintiffs had to reduce their fees from 40 pence to 12 pence per scholar per quarter. It was held that the plaintiffs had no remedy for the loss thus suffered by them. Case Laws Gloucester Grammar School case :- Hon’ble Justice said: “Damnum may be abseque injuria, as if I have a mill and my neighbour builds another mill whereby the profit of my mill is diminished, I shall have no action against him, although I am damaged.. But if a miller disturbs the water from going to my mill, or does any nuisance of the like sort, I shall have such action as the law gives”. Case Laws Chesmore vs. Richards :- The plaintiff, a mill owner, was for the past 60 years, using water for his mill from a stream which was fed by rainfall percolating through underground strata to the stream, but not following in defined channel. The defendant sunk a well on their land and pumped large quantities of water, which would otherwise have gone to the plaintiff’s stream, thereby causing loss to the plaintiff. For this, the defendant were held not liable.