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Therefore, the defendant opened a rival school next to the school of the plaintiff. honor his cheque. The court, in this case, held that several other business companies did not infringe on the personal lawful privilege of the plaintiff and were not liable. the defendant were each other’s competitors in the same line of trade, the to vote for won the elections, the defendant would be held liable as the the defendant. We try our level best to avoid any misinformation or abusive content. Setting up rival school: In the famous case of Gloucester Grammar school case, the defendant a schoolmaster set up a rival school next to the plaintiff’s and boys from the plaintiff’s school flocked to the defendant’s, it was held that no action could be maintained. THE GLOUCESTER GRAMMAR SCHOOL CASE, (1410) YB 11 HEN IV: FACTS: In this case, a dispute arose between the School and one of their teachers who is the defendant. violated, however, no legal rights were compromised of the plaintiff, and thus Click Here to submit your article. led the plaintiff to a substantial loss. There exists no compensation in the form of damages. Hill 11 Hen, 4 of 47, [4] The torts to which this rule applies are actionable per se, which means that the claimant only needs to prove that the act was committed, and the burden of proof does not lie on him.”, “Defamation Explain the Maxims ‘Damnum Sine Injuria’ And ‘Injuria Sine Damnum’. If these rights have been infringed, one can bring actions against the wrong-doer. against the defendant to claim compensation for the loss he had suffered due to And he ended up draining the water from the plaintiff’s land that was adjoining Public Interest Litigation In India – Explain, Job Post: Contract Manager @ Genpact India, Noida: Apply Now. In this case, the claimant was a qualified Entering someone’s property without There are three elements which need to be proved before constituting a tort:- 1. 126; 1 Brown P.C. Thus claimed for compensation … Damnum Sine Injuria is one of the three rules that are used to determine the liability of a person.”. 417, [6]Marzetti When an infringement of legal rights has not taken place, then mere substantial loss or damage to a person’s body or property will not make the person liable for any tort. The plaintiff brought an action against the defendant. 14. underground water supply of the corporation’s well. Gloucester Grammar School Case (1410) Y.B. to divert the water supply to his property, consequently cutting the This can be better explained in the following case: Gloucester Grammar School Case [1] The defendant was the schoolmaster intentionally opened the school in front of the plaintiff’s school, causing damage to him. “According to Merriam-Webster, Injuria Sine Damnum refers to damage or infringement of one’s legal rights without causing any actual or monetary loss. Compensation is awarded by the court in the form of damages. prove that the act was committed”. plaintiff suffered monetary loss, the plaintiff cannot be led liable as there Latin maxim Damnum sine injuria signifies the meaning of the maxim term by term as the term Damnum is damage, sine is for without, and injuria is any injury of the personal lawful privileges. One day when he was going to attend the parliamentary Conference he was unlawfully jailed. v. Williams (1830) 1 B & Ad 415, The material on this topic is very large hard to understand try to make shorter. The In this the plaintiff was the competent citizen who was willing to vote in the legislative voting, the respondent was the returning agent who stopped the plaintiff from voting during the voting. ground to legal actions, hence the defendant was acquitted. the defendant. Gloucester Grammar School Case Y. Hill 11 Hen, 4 of 47, p. In case of injuria sine damno, the loss suffered by the plaintiff is not relevant for the purpose of a cause of jnjuria. The case of Gloucester Grammar School is an example, where the rival school could not seek the damages and this concept comes under the law of torts. *Any action conducted by A which leads to damage B without infringing the B’s personal legal privileges, therefore no action will be prosecutable. The principle behind this maxim is that it refuses to let anyone get away with infringing someone’s legal rights even though he has not caused any substantial or actual loss to the person. was wrongfully restraint and the defendant refused to take the plaintiff’s There is no cause of action as no legal rights have been compromised. For example, if there are two schools in a When the plaintiff tried to withdraw money claimant’s bank. The House of Lords held that even A grammar school in Cheltenham has confirmed a case of coronavirus in their school in an email to parents. which led to a substantial loss to the plaintiff, and he brought an action Defendant was school teacher in plaintiff's school. is a tortious act of damaging one’s reputation; it is making false statements from the bank via self cheque, he was refused to do so by the defendant’s bank without This Latin maxim signifies term by term as injuria indicates an injury, sine indicates without and damnum indicates damage caused to the personnel or property which means that any injury caused to the person did not result in personal injury or damages. In this rule, even though no actual losses are incurred, there exists a cause of action as legal rights are violated. This caused a lot of monetary loss to the school of the plaintiff. action against the other school as it only suffered a pecuniary loss, and no If you love teaching, get connected with us at [email protected], Can’t Prosecute Upper Caste Person Just Because Complainant is from SC/ST Community: SC, SC rejects interim bail plea of 1984 anti-Sikh riots convict, Sajjan Kumar, NLSIU not to give admissions on the basis of CLAT 2020, 11-judge bench to hear a petition challenging Maratha reservation, Fined Rs 2 lakh for charging Rs 10 extra for ice-cream. By the act of the respondent the there was no injury to the plaintiff but his lawful personal privilege was infringed on that ground defendant was accountable. No person would be liable for torts if his conduct is lawful and he causes injury to others by the lawful use of his property. his land. However, if the use of the property leads to any other tortious acts such as nuisance, then the person would be liable for the tort. Gloucester Grammar school case Fact: the defendant was a schoolteacher who started a new school very close to the plaintiff’s school ( Gloucester Grammar School) a large number of students moved to the new school, thus the plaintiff suffer a monetary loss, therefore the owner of Gloucester Grammar School that is plaintiff brought a suit against the defendant. Define DPSP. Singh in his book ‘Law of Tort’ as: Act + Loss — Injury = Damnum sine injuria. And the other maxim allows a person to seek legal Steamship Co vs McGregor Gow and Co (1892) AC 25. D is meandering in A’s residence without explaining the reason for meandering which leads to the infringement of A’s lawful privilege moreover this Latin maxim is also useful. LL.B(H) Student at Teerthanker Mahaveer University, Moradabad, U.P. Any loss or The claimant It was held by the Supreme Court that it is the duty of courts to protect the rights of people and to grant reliefs to the aggrieved party rather than denying it. Injuria Sine Damno. This video is highly rated by CLAT students and has been viewed 743 times. Injuria Sine Damnum is a rule which refers to the legal damage caused to the plaintiff by the defendant without having to incur any monetary or actual loss. Example : In the Gloucester Grammar School case there was an established school in the locality. liable. Defamation comprises Slander and Libel. defendant formed an association to boycott the plaintiff from the trade that In this case, the plaintiff held an “Damnum Sine Injuria is a legal maxim which states no action will lie if there is actual loss or damage but there has been no infringement of one’s legal right. A new school was set up which charged lower fees on account of which people started patronising the new school. Plaintiff i.e school filed the suit against the respondent for the monetary damages caused because of him. Maxims are also applied for understanding the appropriate explanation relating to any argument. Its main aim is to provide grounds for The Following are the various case laws that concern the legal maxim, Damnum Sine Injuria: Gloucester Grammar School Case; Facts. Gloucester Grammar School Case-The defendant, a schoolmaster, set up a rival school to that of the plaintiffs. Meaning of Res Gestae: The quantity of water of stream was reduced and the mill was closed for non availability of water. By visiting this website, you acknowledge that you of your own accord wish to know more about https://indianlegalsolution.com. legal damage was done to the school. Maxims seem to be very effective in a manner it comforts in learning them apparently but also absolutely. In famous case gloucester grammar School case 1410: In this in this case plant school children when to take admission in new open school in front of him by which he lost economically so he claim for compensation in the court the code decided that plaintiff was not entitled to get compensation because there was not violation of of his legal right .The trade is is the right of everyone . damage incurred by a claimant will not render a party liable as no legal right The corporate body prosecutes against the defendant for the antipathy. But in a city with 4 grammar schools this masks quite wide divergences and the fact that the results do not precisely mirror our geography: many grammar school pupils are from outside Gloucester, and many Gloucester pupils go to schools just outside the city (Henley Bank – ex Millbrook – Chosen Hill, Churchdown and even Newent). complete right to use the water for his mining purposes. It was held in the court that even a lawful excuse refers to trespass to land. reputation. violation of Legal Rights. actual loss incurred by the person. This led to a huge loss to If you found any in this website, please report us at info@lawcorner.in. Enter your email address to subscribe to this blog and receive notifications of new posts by email. lot of students from plaintiff’s school transferred to the defendant’s school Defendant was having adjacent land to the corporation land wherein there was well. Following is the comparison between Where the maxim is applied: Case – 1: Gloucester Grammar School Case (1410) Y.B. Thus there was a monetary loss to the owner of Gloucester Grammar School. IV: Facts: A Schoolteacher (the defendant) started a new school in front of Gloucester Grammar School. Following The principle behind this maxim is that it allows a person to act within his reasonable limits that are lawful in nature even though cause damages to others. 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