Damages - ‘Injuria Sine Damno’, ‘Damnum Sine Injuria’ - Law of Torts скачать в хорошем качестве

Damages - ‘Injuria Sine Damno’, ‘Damnum Sine Injuria’ - Law of Torts

As we have previously discussed, one of the essential elements of a tort is an ‘injury’. Here we are talking about a legal injury. And a legal injury means that a private legal right of the plaintiff has been violated. There can be three scenarios - There is a legal injury and there is also some damage - physical, financial, emotional etc. Since both injury and damage are present, this qualifies as a tort. Or there can be ‘Injuria Sine Damno’ - i.e. injury without damage - a legal injury has occurred because a right has been violated, but there are no other damages. Even this qualifies as a tort - because a legal injury is essential for tort - not any other damages. The third situation can be ‘Damnum Sine Injuria’ - i.e. Damage without injury - there is some damage - physical, financial, mental etc. But there is no legal injury. This will not qualify as a tort. Because the essential component of tort - a legal injury - is missing.