Module 2
Module 2
Doctor Wienfield
Tortious liability arises from breach of a duty primarily by law. This duty is towards person generally and its
breach is redressable by an action for unliquidated damage.
There essentials-
Austin- Right is a faculty which decides in a determinate party by a virtue of a given law and which is
availed against a given party in whom it resides.
Absolute right- When law presumes damage although the person wrong may have suffered no peculiar loss
by whatsoever nature is also called legal damage. Violation of this right is actionable per say.
Every right is born and attains maturity and subsequent times it dies.
1948-United declaration of human rights-29 articles of rights 1 article of duty (list of rights)
Convention was passed 1966 International charter civil rights (list of rights and remedies)
Damage maxim
A legal right is an averment of entitlement arising out of law, it is a benefit conferred upon a person by the
rule of law.
The complainant has to establish that he has been deprived of or denied of legal right and he has sustained
injury to any legally protected interest. In case he has no legal peg for justiciable claim to hang on, he cannot
be heard s a party in lis. A fanciful or sentimental grievance may not be sufficient to confer a locus standi to
sue upon the individual. There must be injuria or a legal grievance which can be appreciated and not a stat
pro ratione voluntas reasons i.e., a claim devoid of reasons.
Chesmore vs Richards
Acton vs Blundell
Intention- The object or the purpose for which the act is done
Injuria sine damno means violation of a legal right without causing any harm, loss or
damage to the plaintiff. There are two kinds of torts : Firstly, those torts which are actionable
per se, i.e., actionable without the proof of any damage or loss. For instance, trespass to land
is actionable even though no damage, has been caused as a result of the trespass. Secondly,
the torts which are actionable only on the proof of some damage caused by an act. Injuria
sine damno cover the first of the abovestated cases. In such cases, there is no need to prove
that as a consequence of an act, the plaintiff has suffered any harm. For a successful action,
the only thing which has to be proved is that the plaintiff’s legal right has been violated i.e.,
there is injuria.
2 cases-
Chief vs Kanuji on 19 April, 2011
Bhikhabhai Chanabhai Gajera vs Semrala Gopalak Vividh Karyakari ... on 6 October, 2020
Damnum sine injuria means damage which is not coupled with an unauthorised
interference with the plaintiff’s lawful right. Causing of damage, however substantial, to
another person is not actionable in law unless there is also violation of a legal right of the
plaintiff. This is generally so when the exercise of legal right by one results in consequential
harm to the other. "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."
2 Cases-
Mahiti Adhikar Gujarat Pahel vs State Information Commissioner on 18 June, 2021
Mr. Kushal Kumar. B. S. vs The State Of Karnataka on 8 August, 2019