Damnum Absque Injuria Definition and Legal Meaning
On this page, you'll find the legal definition and meaning of Damnum Absque Injuria, written in plain English, along with examples of how it is used.
What is Damnum Absque Injuria?
latin phrase for “damage done without injury”. In legal terms it describes damage incurred by one party because of someone’s actions but without any malafide intention; neither is the damage legally curative! eg. scaling up of competition for one product/service in open market because of launching of some other better product/service.
History and Meaning of Damnum Absque Injuria
Damnum Absque Injuria, a Latin phrase that translates to "Damage without injury" means that no legal action can be brought for a harm that causes injury to a person's private rights when no legal right has been violated. The term has been used in the legal world for centuries and is still applicable today.
In the past, the concept of Damnum Absque Injuria was employed to dismiss claims if the plaintiff was unable to prove a legal injury or if there was no clear evidence of malice or bad faith on the part of the defendant. The term was frequently utilized in tort law, where it was frequently used to defend an individual who caused unintentional harm or loss.
Today, this term exists within the realm of modern tort laws and is still employed to absolve people of responsibility in situations where no legal wrong was done.
Examples of Damnum Absque Injuria
A restaurant opens up on a street full of pre-existing restaurants. The competition for other restaurants increases due to the new restaurant's popularity, causing economic damages to other restaurants. However, since no legal action was taken to the restaurant, the damages incurred by the other restaurants would be considered Damnum Absque Injuria.
If a person parks their car in a public parking space in a busy area and someone parks too close and dents the door of the person's car, even though a dent has been made in the door, no legal action would be taken since it is considered Damnum Absque Injuria since no legal right was violated.
Suppose a party in a contract fails to uphold its commitments, causing the other party financial loss. Still, because the contract expressly notes that the following situation could occur, it is considered Damnum Absque Injuria, and no legal action may be taken.
Legal Terms Similar to Damnum Absque Injuria
In Pari Delicto: In Pari Delicto is a Latin term meaning "in equal fault." This term is used to describe when two or more parties enter into an illegal agreement together resulting in neither party having the legal right to sue the other.
De minimis non curat lex: De minimis non curat lex is the legal principle that small, inconsequential harms are not to be considered by the law.
Ex turpi causa non oritur actio: Ex turpi causa non oritur actio is a Latin phrase that translates to “from a dishonorable conduct, no right of action arises.” This term prohibits a party from obtaining damages if the claim arises from the party’s illegal or immoral conduct.