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Damnum Sine Injuria Case Study

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SINE INJURIA:-
A tort is a civil wrong which is not inclusive of a breach of contract or breach of trust for which a civil cause of action arises and for which unliquidated damages are awarded.
In the words of Winfield “ Tortious liability arises from a breach of duty primarily fixed by law: this duty is towards persons generally and its breach is redressable by an action for unliquidated damages.”
In the words of Fraser “It is an infringement of right in rem of a private individual giving a right to compensation at a suit of an injured part.”
Salmond defines tort as, “ It is a civil wrong for which the remedy is a common law action for unliquidated damages and which is not exclusively a breach of contract or trust or any other merely obligations.

CONSTITUENTS OF A TORT:-

(I) Wrongful Act- An act done which breaches or infringes the right of another person is known as …show more content…

Damnun sine injuria is one such guiding peinciple.
Damnum sine injuria refers to a legal situation in which plaintiff 's right is not infringed by another but where the breach of plaintiff 's right does not cause damage.
It is when a damage suffered without breach of a legal right but such claim of damage is not valid in court of law. Even if the act of the person is intentional or deliberate, but if there is no violation of the legal right, there will be no remedy awarded.

Gloucester Grammar SchoolMaster Case:-

In Gloucester Grammar School Master case, a teacher opened a school named XYZ to teach grammar to the students. After few days, another teacher opened a school named ABC which was right opposite XYZ. Most of the students from XYZ School took admission in ABC thereby causing monetary damages XYZ. The teacher of XYZ filed a suit but the court dismissed the petition because even though damage was suffered, the legal right was not violated. There is nothing wrong in caring out the business in one’s own

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