Damnum sine Injuria
Damnum Sine Injuria
Meaning:
The term Damnum Sine Injuria is Latin, which literally means “damage without legal injury”. In the law of torts, it refers to a situation where a person suffers actual harm or loss, but the law does not provide any remedy because there is no legal right violated.
In simple words: Not every loss or harm is actionable under law. There must be a breach of a legal right for a tort to arise. If there is no breach of a legal right, even though damage occurs, it is considered damnum sine injuria.
Key Features
Actual Damage – There is a real loss or harm suffered by a person.
No Violation of Legal Right – The harm is not accompanied by infringement of any legal right.
No Legal Remedy – Since no legal right is violated, the law provides no compensation or remedy.
Illustrations / Examples
Competition Example:
A starts a business selling products. B starts a similar business in the same area and attracts A’s customers.
Here, A suffers loss of profits.
But B has not committed any legal wrong; he is exercising his lawful right to trade.
Result: Damnum sine injuria (no legal remedy).
Natural Growth Example:
A owns a house, and B builds his house in a way that blocks sunlight from A’s house.
A suffers inconvenience and damage due to loss of sunlight.
But there is no legal right to a view or sunlight.
Result: Damnum sine injuria.
Legitimate Competition:
Two shops selling the same goods in the same area cause loss of customers to each other.
Loss occurs but no law is violated.
Important Case Law
Allen v. Flood (1898) AC 1
Facts: A trade union persuaded an employer not to hire certain workmen, which resulted in economic loss to the workmen.
Held: Though the workmen suffered financial loss, there was no legal wrong committed because persuasion by lawful means is not actionable.
Significance: Loss without infringement of a legal right amounts to damnum sine injuria.
Ashby v. White (1703) (contrast case for Injuria sine damno)
Although here it is more about a legal right being violated without actual damage, it helps understand the difference between loss without legal injury and legal injury without loss.
Difference Between Damnum Sine Injuria and Injuria Sine Damno
| Damnum Sine Injuria | Injuria Sine Damno |
|---|---|
| Damage without legal injury | Legal injury without actual damage |
| No remedy is available | Remedy is available |
| Example: Loss due to competition | Example: Trespass to land even if no harm occurs |
Conclusion
Damnum Sine Injuria establishes that the law protects legal rights, not mere consequences of lawful actions. Harm alone does not create liability unless a legal right is violated.
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