Title Notes of Law of Torts - 2025.pdf ✅

1 | Page FREE OF COST For getting the Answers/Notes and others queries may contact with.... SK IRFAN HABIB UTSAV DAS (91) 6295695267 (91) 8910310416 L A W O F T O R T & C O N S U M E R P R O T E C T I O N A C T 1) Essential elements of tort with special reference to injuria -sine- damno and damum sine injuria. In tort law, two key concepts often come into play when determining liability: Injuria sine damno and damnum sine injuria. These terms are used to explain situations where harm or injury occurs, but it doesn't always translate into a legal claim for compensation. Let’s break down the essential elements of tort and then specifically discuss these two concepts. Essential Elements of Tort For a tort to occur, several elements must generally be present: 1.Duty of Care: The defendant must owe a duty of care to the plaintiff. This duty can arise out of a relationship or a legal obligation. 2.Breach of Duty: The defendant must have breached this duty by failing to act in the expected way (e.g., negligence, recklessness). 3.Causation: There must be a causal connection between the defendant's act and the harm suffered by the plaintiff. 4.Damages: The plaintiff must suffer harm (usually physical, emotional, or financial) as a result of the defendant's action or inaction.
2 | Page FREE OF COST For getting the Answers/Notes and others queries may contact with.... SK IRFAN HABIB UTSAV DAS (91) 6295695267 (91) 8910310416 5.Wrongful Act: The act must be unlawful, meaning it violates the rights of another person. Now, let's look at the concepts you mentioned. 1. Injuria sine damno (Injury without Damage) This Latin phrase translates to "injury without damage." It refers to a situation where a person’s legal right is violated, but they do not suffer any actual physical damage or loss. Even though there might not be any tangible harm (such as financial loss, physical injury, etc.), the violation of the plaintiff’s legal right is sufficient to constitute a tort. For example, if someone trespasses on another’s property without causing any physical damage or loss, there is an infringement of the property owner’s right to exclude others, even though no actual harm (like destruction of property) occurred. The injured party may still sue for the violation of their rights. Key Point: Injuria sine damno focuses on the infringement of a right or a legal wrong that is actionable, even in the absence of actual damage. 2. Damnum sine injuria (Damage without Injury) This term means "damage without injury." It refers to situations where a person suffers harm or loss (typically financial or emotional), but no legal right has been violated. This can occur in cases where an act causes harm, but the act is not unlawful and therefore does not constitute a tort.
3 | Page FREE OF COST For getting the Answers/Notes and others queries may contact with.... SK IRFAN HABIB UTSAV DAS (91) 6295695267 (91) 8910310416 For example, if two businesses are in competition and one decides to lower its prices, driving the other out of business, the company losing business may suffer financial damage, but there is no tortious act committed because the price reduction is a legal business strategy. Here, the damage is real, but it does not involve any legal injury to rights, so it wouldn't result in a tort claim. Key Point: Damnum sine injuria acknowledges that harm or loss can occur, but if there’s no violation of legal rights, no tort exists. Conclusion  Injuria sine damno focuses on the violation of legal rights even in the absence of physical damage.  Damnum sine injuria deals with harm or loss that doesn't result from any legal wrong or violation of rights. Both are important distinctions in tort law because they help in determining whether an individual has a valid claim for damages based on the nature of the harm they’ve experienced. 2) ‘A defamatory statement is a statement which lowers a person in the estimation of the right- thinking members of society.’ – Justify. The statement "A defamatory statement is a statement which lowers a person in the estimation of the right-thinking members of society" is a succinct and widely accepted definition of defamation in