damnum sine injuria
A person may suffer real financial or other loss and still have no remedy, because the loss was not caused by the violation of a legal right. Lawful competition, opening a rival school or shop, or using one's own land in a lawful way are the usual examples. Tort law protects rights, not every interest.
The maxim is the reverse of injuria sine damno, where a legal right is infringed without any loss and the action still lies (Ashby v. White). Indian courts apply both maxims as part of the common law of torts. In exams, the classic pair is the Gloucester Grammar School case for damnum sine injuria and Ashby v. White for injuria sine damno.
Example
The old shopkeeper lost customers when a rival opened next door, but this is damnum sine injuria, since fair competition violates no legal right.
In Indian law
- Gloucester Grammar School case (Court of Common Pleas, England, 1410): rival school, no action
- Mogul Steamship Co. v. McGregor, Gow & Co. (House of Lords, 1892): loss from trade competition not actionable
See also
Read more in the study notes
- Liability: theory, conditions, the wrongful act, damnum sine injuria and causation (Jurisprudence)
- Ubi jus ibi remedium and legal damage (Law of Torts)