Legal Maxims

https://f002.backblazeb2.com/b2api/v1/b2_download_file_by_id?fileId=4_za8a2358db1d7f91b68b30916_f116a0af7ded8cc81_d20200606_m105120_c002_v0001138_t0012

Damnum sine injuria 

Damnum is meant to damage in the sense of substantial loss of money, comfort service health, etc.

Meaning loss without injury or harm. This is not actionable in the eyes of the law.

 

Illustration 

By action of A injury has caused to B but no legal rights are violated in such case no action will lie 

 

Gloucester v. Grammar school 1441

In this case, the defendant had set up a rival school to that of the plaintiff by which the plaintiff had to reduce their tuition fee of school and due to such action, the plaintiff had to suffer a huge loss. It was held that the plaintiff has no cause of action 

 

Injuria sine damnum 

Meaning infringement of a private right that means legal rights without damage or loss

Here he may bring up the action and may recover the loss 

This maxim is reverse to damnum sine injuria 

 

Ashby v. white

Plaintiff was a qualified voter in the parliamentary election but the defendant refused to take his vote no loss was suffered as the candidate to whom he wanted to vote won the election in spite of that Lord chief justice Holt held plaintiff legal right was violated and he is entitled to be compensated. 

 

Tozer v child 

In this case, it was held that If the right to vote is refused by an officer in charge without malice motive no action will lie.

 

Ubi jus ibi remedium 

Jus here means legal authority and remedium means the right of action. Whenever there is right there is a legal remedy as there is no wrong without a remedy.

 

 

 

Read More Latest Bollywood Movie Reviews & News

Read More Sports News, Cricket News

Read More Wonderful Articles on Life, Health and more

Read More Latest Mobile, Laptop News & Review

Leave a Reply