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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. Which of the following case decided by the Supreme Court of India deals with the concept of 'Public Wrong'
    under Tort?
  2. Match the LIST-I with LIST-II
    LIST-I
    (Theory)
    LIST-II
    (Propounder)
    A. Pigeon Hole TheoryI. William Prosser
    B. Neighbour RuleII. Wenfield
    C. Tort is Social EngineeringIII. Lord Atkin
    D. Use of phrase 'Law of Tort'IV. Salmond

    Choose the correct answer from the options given below:
  3. Doctrine of Common Employment' has the origin in which of the following case?
  4. The word 'Tort' has been derived from the Latin Word :
  5. Which of the following is not a valid defence in tort?
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