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Question

The Maxim 'Damnum Sine injuria' means :

The correct answer is
Damage or loss without infringement of legal right

Understanding the Maxim: Damnum Sine Injuria

The Latin legal maxim Damnum Sine Injuria translates to 'damage without legal injury'. It signifies a situation where a person incurs a loss or damage, but no legal wrong has been committed against them because their legal rights have not been infringed.

Key Components Explained

  • Damnum: This refers to actual harm, hurt, or loss suffered by a person (e.g., financial loss, physical injury).
  • Sine: This is a Latin preposition meaning 'without'.
  • Injuria: This refers specifically to a legal wrong or the violation of a legal right. It's not just any harm, but harm resulting from an unlawful act.

Therefore, the core idea is experiencing loss (Damnum) but not having a legal right violated (Injuria).

Evaluating the Options

Let's examine the provided options against this definition:

  • Option 1: 'Infringement of Legal right with damage or loss' describes a situation where both Injuria and Damnum are present. This is a standard tort.
  • Option 2: 'Damage or loss without infringement of legal right' perfectly matches the definition of Damnum Sine Injuria. An example is lawful competition causing financial loss to a rival.
  • Option 3: 'Where there is a right, there is a remedy' is the meaning of the maxim Ubi Jus Ibi Remedium.
  • Option 4: 'Infringement of an absolute right without damage or loss' describes the maxim Injuria Sine Damnum (legal injury without damage).

Thus, the correct interpretation hinges on distinguishing between actual harm and the violation of a legally protected right.

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Important Questions from Law of Torts and Consumer Protection

  1. The word 'Tort' has been derived from the Latin Word :
  2. Which of the following is not a valid defence in tort?
  3. Following are good defences to an action in tort :
    (a) Act of God
    (b) volenti non fit injuria
    (c) private defence
    (d) trustee do son tort

    Choose the correct option:
  4. Match the following provisions with the Section under Consumer Protection Act 1986 :

    (a)Jurisdiction of the District forum(i)Section 17 B
    (b)Composition of State Commission(ii)Section 20
    (c)Composition of National Commission(iii)Section 16
    (d)Circuit benches of State Commission(iv)Section 11


    Choose the correct option from those given below :
  5. Arrange the following judgements on Torts in Chronological order :

    (a) Ashby v/s White
    (b) MC Mehta v/s Union of India
    (c) Reyland Vs Fletcher
    (d) Donoghue v/s Stevenson

    Choose the correct option :
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