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Assignment of Torts 1

This document discusses the legal maxim of damnum sine injuria and summarizes the Gloucester Grammar School case. 1. Damnum sine injuria refers to damages caused without legal injury, where no infringement of legal rights has occurred. 2. In the Gloucester Grammar School case, a school teacher set up a rival school, causing monetary losses to the plaintiff's school. However, the court ruled no suit could lie since the teacher was exercising their legal right to open a business and did not violate the plaintiff's rights. 3. The court affirmed that compensation is not valid without violation of legal rights, and the students chose to change schools of their own discretion.

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70 views6 pages

Assignment of Torts 1

This document discusses the legal maxim of damnum sine injuria and summarizes the Gloucester Grammar School case. 1. Damnum sine injuria refers to damages caused without legal injury, where no infringement of legal rights has occurred. 2. In the Gloucester Grammar School case, a school teacher set up a rival school, causing monetary losses to the plaintiff's school. However, the court ruled no suit could lie since the teacher was exercising their legal right to open a business and did not violate the plaintiff's rights. 3. The court affirmed that compensation is not valid without violation of legal rights, and the students chose to change schools of their own discretion.

Uploaded by

KRITI m
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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ASSIGNMENT

LAW OF TORTS

Om Prakash Soni
GLOUCESTOR
GRAMMAR
SCHOOL CASE

DAMNUM SINE INJURIA :


This is a legal maxim in law of torts which deals with damages caused without injury. So it
basically deals with the damages caused where there is no involvement of infringement of
legal rights. Since there is no infringement of legal rights to any particular person, hence
this cannot be enforced in court of law.

The mere fact that a man is injured by another's act gives in itself no cause of action; if the
act is deliberate, the party injured will have no claim in law even though the injury is
intentional, so long as the other party is exercising a legal right.
Gloucester Grammer School Case:
Facts: In this case, the defendant was a school teacher who
used to work in plaintiff school. Due to some conflicts which
arose between the defendant and plaintiff, defendant had left
the school. Later, he set up a rival school next to that of
plaintiff. Defendant school teacher was very popular for his
teaching. Boys from the plaintiff school left it and started to
join in defendants school, because of this competition the
plaintiff had to reduce them from 40peneace to 12penance.
The plaintiff sued defendant for monetary loss occurred.

Issues Raised In This case:

1. Can defendant be held responsible for the


monetary loss suffered by the plaintiff, just
because he had fixed a rival school and damaged
the right of plaintiff?

2. Did this case cover the essentials of Damnum


sine injuria ? and if yes then the defendant
couldn’t be held liable?
JUDGE
It was held by court that; no suit could lie. It was held by court of law that

MENT
defendant couldn’t be held liable. The court stated that:

compensation is no ground of action even though the monetary loss is


caused, but if no legal right is violated.

It also further stated that, the defendant had lawfully set up his own school
and he nowhere violated any legal right of plaintiff.
It was believed by the court that, students liked the teaching style of
defendant, hence it was at the discretion of the students to study in which
ever school they want to.

Appellant has no right to stop the defendant to run a business as a


competition to his school.

Case
analysis
Law of Torts is understood to be An instrument to form people adhere to conduct of reasonable behavior and respect the
rights and interests of one another.

1. And the same are kept in mind while giving the judgment of the case at the top of the decision of the law of court.
2. The case which we discussed above is related to An act which caused damage but no legal right is infringed or
compromised
3. This is known as Damnum Sine injuria which means: Damage without legal injury.

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