Maxims (Law of Torts)

Gopal Krishna Behera (Querist) 10 June 2011 This query is : Resolved
Explain the maxims 'injuria sine damno' and damnum sine injuria'. Which of them does or does not give a right of action?

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PALNITKAR V.V. (Expert) 10 June 2011
You want to get knowledge or you want to test the knowledge. It seems that you know the maxims and supposedly know the meaning also.

prabhakar singh (Expert) 10 June 2011
Mr. palnitkar v is right. HOWEVER, 4u i am here:

DAMNUM SINE INJURIA

DAMNUM means damage suffered SINE means without, INJURIA means which that is the injury in the violation of legal right. hence the phrase “ damnum sine injuria means” damage suffered without violation of the legal right.According to this maxim damage is not the basis of action unless such damage is the result of violation of legal rights of an individual.

In the case of Ajello –v- Worsley where it was stated that the defendant advertised the plaintiffs pianos at less than their wholesales price, even though he did not have any to sell,other customers ceased to trade with the plaintiff as a result. It was held that defendant had a perfect right to advertise pianos in this way and offer them at any price he liked ,The same was started in the case of Chesmore –v-Richard plaintiff was the owner of the milling , had been using water from a stream for about sixty years. Defendants dug a well in his land as a result of this act, plaintiff mill stop getting water from the stream that suffered, plaintiff sue the defendant in the court of law, Held defendant was not liable for the loss suffered by plaintiff this is due to the fact that defendant had exercised his legal right to dig the well in his own land

In Acton –v-Blandel ,defendant had dug the coil mines on his farm as result the flowing of the water to his neighbour ceased this led to drier of his well, he sue the defendant in the court of laws seeking redresses. Held defendant was not liable as he was exercises his legal right of getting water

Therefore in law of tort wrongful acts are those to which legal right of the aggrieved party is violated, then if in due exercises of your right and the other got injured is not remedied in law

INJURIA SINE DAMNO

INJURIA means injury in violation of the legal right, SINE mean without, DAMNO means damage suffered; hence maxim “injuria sine damno” means violation of the legal right without any damage to the injured party, violation of legal right of the person is actionable even though there is no actual harm or loss. According to Salmond, torts are of two kind’s .One, which is actionable without proof of any damage caused or suffered to the party concerned, Second that are actionable only on the proof of some damage or suffering caused to the plaintiff

In the case of Ashby –v- White in this case the plaintiff was disqualified voter in parliament elections .defendant who was the returning officer wrongfully refused the plaintiff vote. In spite of this still his chosen candidate won the election and no harm that he sustained In the court of law defendant was entitled to remedy the plaintiff for breach of his legal right.

The same can be well seen in the case of Bhim Singh-v- State of J and K, the petitioner a member of national assembly was illegal detained by the police while was going to the assembly session, as the result was thus prevented from exercising his legal right of attending the session .In the supreme court of India plaintiff awarded R.s 50,000 by the way of compensation for his right been violated, which stipulated in the Indian constitution So generally the principle gave the plaintiff right of been compensated if really suffers the damage

UBI JUS IBI REMEDIUM

A tort is a civil wrong for which the remedy is an action for unliquadated damage, thus the main remedy for tort is an action for damage. This principle explain about the right of an injured person that “where there is a right there is also remedies” it is mainly the right to damage which brings such wrongful act within the category of torts. The maxim ubi jus ibi remedium means that where there is a right there is remedy that is to say whenever the right is violated the person whose right has been infringed has remedy against the person who has violated it

The maxim is also said to mean that there is no wrong without a remedy that is to say that whenever someone is wrong he is given some remedies thus we see that these interpretation means one and the same thing. In Ashby-v-White (supra)it should however be noted that the maxim does not mean that there is legal remedy for every moral or politic wrong
PLEASE RETURN WITH REMARKS YOU HAVE 4ME/US

Gopal Krishna Behera (Querist) 10 June 2011
Respected Prabhakar Singh Sir,
It is my pleasure to get an interaction with an expert like you. Thanks for the explanation.
With Best Regards.
Gopal

Gopal Krishna Behera (Querist) 10 June 2011
Respected palnitkar v v Sir,
This is an Interactive Platform for Lawyers and Indian Public. It is a great opportunity and pleasure for the lawyers and Indian public to get interaction with the great experts like you. It is a good platform because by interaction we clear our doubts and get learn easily and same is far better than reading books.
In expectation of learning and getting more and more knowledge from an expert like you having a stature of great personality.
With Best Regards.
Gopal

Gopal Krishna Behera (Querist) 10 June 2011
Respected palnitkar v v Sir,
This is an Interactive Platform for Lawyers and Indian Public. It is a great opportunity and pleasure for the lawyers and Indian public to get interaction with the great experts like you. It is a good platform because by interaction we clear our doubts and learn easily and same is far better than reading books.
In expectation of learning and getting more and more knowledge from an expert like you having a stature of great personality.
With Best Regards.
Gopal

prabhakar singh (Expert) 10 June 2011
BUT YOU CAN STUDY THIS ALL IN BOOKS OF TORT,it is painful to right here books.

PALNITKAR V.V. (Expert) 10 June 2011
I understand the purpose of this site. I have always treated myself as a learner and student. I dont know many a things. I was curious about the purpose behind asking the query. I wont say that such questions should not be asked. I was bit surprised that it came from a learned person like you. Anyway I am sorry if you are hurt.