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The law of torts is fashioned as "an instrument to make people adhere to a conduct of reasonable behaviour and respect the rights and interests of one another." This it does by protecting interests and by providing for situations when a person whose protected interest is violated can recover compensation for the loss suffered by him from the person who has violated the same.
Consequently, it has been implied that there are three constituents of tort:
1. Wrongful Act: There must be a wrongful act committed by a person, that is, the defendant.
2. Legal Damage: The wrongful act must give rise to legal damage to a person, that is, the plaintiff.
3. Legal Remedy: The wrongful act must be of such a nature so as to give a rise to legal remedy in the form of an action for damages.
An act which, prima facie, appears to be innocent may become tortuous, if it invades the legal right of another person. A simple example is that of erecting a structure on one's own land. It is completely lawful to enjoy one's own property by erecting whatever one wants to, on his land. To every right there corresponds an obligation or duty. If the right is legal, so is the duty. If the right is contingent, so is the obligation.
INJURIA SINE DAMNO
Injuria sine damno refers to the cases of infringement of an absolute private right without any actual loss or damage. Here the actual damage means physical loss in terms of money, comfort, health, etc. This maxim says that the infringement of certain rights is itself considered as damage and there is no need to prove that an actual damage is caused. Every person has an absolute right over his property, to the immunity of his person, and an infringement of these rights is actionable per se. Here, the law presumes damage because certain acts are so likely to result in harm owing to their mischievous tendency that law has strictly prohibited them. Under this maxim, actual or perceptible or appreciable loss or detriment is not indispensable to the foundation of an action.
DAMNUM SINE INJURIA
Damnum sine injuria involves the cases in which there is no infringement of any right but the plaintiff has suffered actual damage. Here the actual damage means physical loss in terms of money, comfort, health, etc. In these cases, no action lies. Mere loss in money or money's worth does not, by itself, constitute a tort. The most terrible harm may be inflicted on one man by another without a legal redress being obtainable as the doer did not infringe any legal right of the sufferer. The maxim means, it can be implied, that there are no legal remedies for moral wrongs unless some rights of the victim are being violated.
Q. X had been teaching at St. Xavier College since many years. His relationship with the school management became strained due to his meager salary. So he started his own school just opposite St. Xavier College owing to which the number of students taking admission in St. Xavier College reduced and they suffered huge financial loss. Can management authorities of St. Xavier College sue X for compensation?
  • a)
    The management authority cannot sue X as there is no legal injury.
  • b)
    The management authority can sue X as they suffered huge losses.
  • c)
    The management authority can file suit against X for opening new school without their consent.
  • d)
    None of the above
Correct answer is option 'A'. Can you explain this answer?
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The law of torts is fashioned as "an instrument to make people adhere...
Correct Answer is a
The correct answer is (a) because there is no legal injury. Mere financial loss cannot amount to a legal injury as X was within his right to pursue a trade, business or profession of his choice and by doing so, he was not violating any legal right of the St. Xavier College.
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The law of torts is fashioned as "an instrument to make people adhere to a conduct of reasonable behaviour and respect the rights and interests of one another." This it does by protecting interests and by providing for situations when a person whose protected interest is violated can recover compensation for the loss suffered by him from the person who has violated the same.Consequently, it has been implied that there are three constituents of tort:1. Wrongful Act: There must be a wrongful act committed by a person, that is, the defendant.2. Legal Damage: The wrongful act must give rise to legal damage to a person, that is, the plaintiff.3. Legal Remedy: The wrongful act must be of such a nature so as to give a rise to legal remedy in the form of an action for damages.An act which, prima facie, appears to be innocent may become tortuous, if it invades the legal right of another person. A simple example is that of erecting a structure on one's own land. It is completely lawful to enjoy one's own property by erecting whatever one wants to, on his land. To every right there corresponds an obligation or duty. If the right is legal, so is the duty. If the right is contingent, so is the obligation.INJURIA SINE DAMNOInjuria sine damno refers to the cases of infringement of an absolute private right without any actual loss or damage. Here the actual damage means physical loss in terms of money, comfort, health, etc. This maxim says that the infringement of certain rights is itself considered as damage and there is no need to prove that an actual damage is caused. Every person has an absolute right over his property, to the immunity of his person, and an infringement of these rights is actionable per se. Here, the law presumes damage because certain acts are so likely to result in harm owing to their mischievous tendency that law has strictly prohibited them. Under this maxim, actual or perceptible or appreciable loss or detriment is not indispensable to the foundation of an action.DAMNUM SINE INJURIADamnum sine injuria involves the cases in which there is no infringement of any right but the plaintiff has suffered actual damage. Here the actual damage means physical loss in terms of money, comfort, health, etc. In these cases, no action lies. Mere loss in money or money's worth does not, by itself, constitute a tort. The most terrible harm may be inflicted on one man by another without a legal redress being obtainable as the doer did not infringe any legal right of the sufferer. The maxim means, it can be implied, that there are no legal remedies for moral wrongs unless some rights of the victim are being violated.Q. Siddhartha opened a school called "Wise girl School" to offer education to children of a particular locality.His enemy, Janardhana, opened another school "The East school" right next to it. The business of "Wise Girl School" went down. Siddhartha sued Janardhana. Decide.

Directions: Read the following passage and answer the question.It is no secret that a number of POCSO cases end in acquittals. While a more uninformed opinion is that the cases themselves might not have been genuine, the grim reality is that there is a gross failure to support and rehabilitate the victim and her family. As a result of this, either the victims turn hostile or the family turns hostile, or they simply lose hope and stop cooperating.Section 33(8) of POCSO provides that in appropriate cases, in addition to punishment, the Special Court may direct payment of compensation to the child for any physical/mental trauma caused to the child or for immediate rehabilitation. Pursuant to the parent Act, the POCSO Rules of 2012 dedicated Rule 7 to the procedure and parameters of providing such compensation. Rule 7(3) enlisted the various parameters/factors to be considered by the Special Court in deciding such compensation, such as gravity of the offence, expenditure incurred/likely to be incurred on medical treatment, loss of educational opportunity, financial conditions, etc. Rule 7(4) and state that after the amount is decided/ granted by the Special Court, it is to be disbursed from the Victim; Compensation Fund or such other scheme by the legal services authority within 30 days of receipt of such order.It is seen that the grant of compensation by Special Courts under POCSO is both sporadic and erratic. There is also confusion as to who is to apply for compensation on behalf of the victim, with many victims under the impression that the investigating officer would apply for compensation on their behalf. To top it off, even in cases where the compensation was granted by the Special Court, the amounts were rather inconsistent and arbitrary, some being as meagre as Rs. 10,000 .These issues were raised and argued at length in a PIL filed in the Delhi High Court back in 2016. While the matter was still being heard in the High Court in the captioned PIL, the Supreme Court passed a significant direction on the aspect of compensation under POCSO in Nipun Saxena & Anr v. Union of India \& Ors. It was directed that the Special Court, upon receipt of information as to the commission of any offence under the Act by the registration of FIR, shall on his own or on the application of the victim make an enquiry as to the immediate needs of the child for relief or rehabilitation and pass appropriate order for interim compensation. It was further held that if the court declines to grant interim or final compensation it shall record its reasons for not doing so. Nipun Saxena's case was preceded by another pertinent judgment passed under POCSO by the Supreme Court in Alakh Alok Srivastava v. UOI, wherein the Apex Court directed for each High Court to constitute a three-judge committee to regulate and monitor the progress of trials under POCSO. In addition, each state was directed to constitute a Special Task Force to ensure that investigation is properly conducted under POCSO.It was the Unnao Rape case and the Supreme Court's suo moto cognizance of it that truly brought many of these issues to the fore. The Supreme Court noted that timelines of the Act are not being followed at all. Besides granting interim compensation of Rs. 25 lakh to the victim, the Supreme Court directed that in each district in the country (if there are more than 100 POCSO cases) an exclusive Special Court will be set up, which will try no offence except those under POCSO Act. Though the Court had granted 60 days for the same, the process of setting up and functioning of these courts all over the country is still underway.The advent of the new POCSO Rules, 2020 and the directions of the Supreme Court in 2018-2019 have given a sliver of hope to POCSO victims. As is with all laws, the implementation on the ground is a whole new ball game from the promulgation of the law itself. It remains to be seen whether these new developments provide the care and rehabilitation that POCSO victims need and deserve.Q. Anita is a child of 8 years. One day while she was playing on the roads a Brahmin Pandit kidnapped her and took her to an abandoned temple and raped her. When she was found out after 2 days she was senseless due to excessive bleeding and was grievously hurt. Who can claim compensation for Anita?

Directions: Read the following passage and answer the question.It is no secret that a number of POCSO cases end in acquittals. While a more uninformed opinion is that the cases themselves might not have been genuine, the grim reality is that there is a gross failure to support and rehabilitate the victim and her family. As a result of this, either the victims turn hostile or the family turns hostile, or they simply lose hope and stop cooperating.Section 33(8) of POCSO provides that in appropriate cases, in addition to punishment, the Special Court may direct payment of compensation to the child for any physical/mental trauma caused to the child or for immediate rehabilitation. Pursuant to the parent Act, the POCSO Rules of 2012 dedicated Rule 7 to the procedure and parameters of providing such compensation. Rule 7(3) enlisted the various parameters/factors to be considered by the Special Court in deciding such compensation, such as gravity of the offence, expenditure incurred/likely to be incurred on medical treatment, loss of educational opportunity, financial conditions, etc. Rule 7(4) and state that after the amount is decided/ granted by the Special Court, it is to be disbursed from the Victim; Compensation Fund or such other scheme by the legal services authority within 30 days of receipt of such order.It is seen that the grant of compensation by Special Courts under POCSO is both sporadic and erratic. There is also confusion as to who is to apply for compensation on behalf of the victim, with many victims under the impression that the investigating officer would apply for compensation on their behalf. To top it off, even in cases where the compensation was granted by the Special Court, the amounts were rather inconsistent and arbitrary, some being as meagre as Rs. 10,000 .These issues were raised and argued at length in a PIL filed in the Delhi High Court back in 2016. While the matter was still being heard in the High Court in the captioned PIL, the Supreme Court passed a significant direction on the aspect of compensation under POCSO in Nipun Saxena & Anr v. Union of India \& Ors. It was directed that the Special Court, upon receipt of information as to the commission of any offence under the Act by the registration of FIR, shall on his own or on the application of the victim make an enquiry as to the immediate needs of the child for relief or rehabilitation and pass appropriate order for interim compensation. It was further held that if the court declines to grant interim or final compensation it shall record its reasons for not doing so. Nipun Saxena's case was preceded by another pertinent judgment passed under POCSO by the Supreme Court in Alakh Alok Srivastava v. UOI, wherein the Apex Court directed for each High Court to constitute a three-judge committee to regulate and monitor the progress of trials under POCSO. In addition, each state was directed to constitute a Special Task Force to ensure that investigation is properly conducted under POCSO.It was the Unnao Rape case and the Supreme Court's suo moto cognizance of it that truly brought many of these issues to the fore. The Supreme Court noted that timelines of the Act are not being followed at all. Besides granting interim compensation of Rs. 25 lakh to the victim, the Supreme Court directed that in each district in the country (if there are more than 100 POCSO cases) an exclusive Special Court will be set up, which will try no offence except those under POCSO Act. Though the Court had granted 60 days for the same, the process of setting up and functioning of these courts all over the country is still underway.The advent of the new POCSO Rules, 2020 and the directions of the Supreme Court in 2018-2019 have given a sliver of hope to POCSO victims. As is with all laws, the implementation on the ground is a whole new ball game from the promulgation of the law itself. It remains to be seen whether these new developments provide the care and rehabilitation that POCSO victims need and deserve.Q. Fast track special courts are courts designated for?

Directions: Read the following passage and answer the question.It is no secret that a number of POCSO cases end in acquittals. While a more uninformed opinion is that the cases themselves might not have been genuine, the grim reality is that there is a gross failure to support and rehabilitate the victim and her family. As a result of this, either the victims turn hostile or the family turns hostile, or they simply lose hope and stop cooperating.Section 33(8) of POCSO provides that in appropriate cases, in addition to punishment, the Special Court may direct payment of compensation to the child for any physical/mental trauma caused to the child or for immediate rehabilitation. Pursuant to the parent Act, the POCSO Rules of 2012 dedicated Rule 7 to the procedure and parameters of providing such compensation. Rule 7(3) enlisted the various parameters/factors to be considered by the Special Court in deciding such compensation, such as gravity of the offence, expenditure incurred/likely to be incurred on medical treatment, loss of educational opportunity, financial conditions, etc. Rule 7(4) and state that after the amount is decided/ granted by the Special Court, it is to be disbursed from the Victim; Compensation Fund or such other scheme by the legal services authority within 30 days of receipt of such order.It is seen that the grant of compensation by Special Courts under POCSO is both sporadic and erratic. There is also confusion as to who is to apply for compensation on behalf of the victim, with many victims under the impression that the investigating officer would apply for compensation on their behalf. To top it off, even in cases where the compensation was granted by the Special Court, the amounts were rather inconsistent and arbitrary, some being as meagre as Rs. 10,000 .These issues were raised and argued at length in a PIL filed in the Delhi High Court back in 2016. While the matter was still being heard in the High Court in the captioned PIL, the Supreme Court passed a significant direction on the aspect of compensation under POCSO in Nipun Saxena & Anr v. Union of India \& Ors. It was directed that the Special Court, upon receipt of information as to the commission of any offence under the Act by the registration of FIR, shall on his own or on the application of the victim make an enquiry as to the immediate needs of the child for relief or rehabilitation and pass appropriate order for interim compensation. It was further held that if the court declines to grant interim or final compensation it shall record its reasons for not doing so. Nipun Saxena's case was preceded by another pertinent judgment passed under POCSO by the Supreme Court in Alakh Alok Srivastava v. UOI, wherein the Apex Court directed for each High Court to constitute a three-judge committee to regulate and monitor the progress of trials under POCSO. In addition, each state was directed to constitute a Special Task Force to ensure that investigation is properly conducted under POCSO.It was the Unnao Rape case and the Supreme Court's suo moto cognizance of it that truly brought many of these issues to the fore. The Supreme Court noted that timelines of the Act are not being followed at all. Besides granting interim compensation of Rs. 25 lakh to the victim, the Supreme Court directed that in each district in the country (if there are more than 100 POCSO cases) an exclusive Special Court will be set up, which will try no offence except those under POCSO Act. Though the Court had granted 60 days for the same, the process of setting up and functioning of these courts all over the country is still underway.The advent of the new POCSO Rules, 2020 and the directions of the Supreme Court in 2018-2019 have given a sliver of hope to POCSO victims. As is with all laws, the implementation on the ground is a whole new ball game from the promulgation of the law itself. It remains to be seen whether these new developments provide the care and rehabilitation that POCSO victims need and deserve.Q. POCSO cases will be tried in

Compensation to victims is a relatively less recognised component of criminal justice. In a system that focusses mainly on the accused, an order of compensation is a recognition of the state’s obligation to victims of crime, especially horrific acts. In ordering the Gujarat government to pay Rs 50 lakh to Bilkis Yakoob Rasool Bano, a gang-rape survivor of the 2002 communal pogrom in the State who has bravely fought her case, the Supreme Court has endeavoured to achieve restitutive justice. Handing over the fine amounts paid by the accused as part of their sentence is one aspect of such justice; another aspect is for the court to ask the government to compensate the victim from its own coffers. A group of rioters had raped her as well as two other women, and killed seven members of her family at Randhikpur village on March 3, 2002. The Bench headed by Chief Justice of India Ranjan Gogoi awarded her Rs 50 lakh, besides asking the State government to provide her with a government job and a house.Ms. Bano’s case is indeed a rare one: criminal prosecution resulted in conviction and life sentences to 11 persons. The sentences were upheld by the Bombay High Court. Further, the court found deliberate inaction on the part of some police officers and that the autopsies were perfunctory and manipulated. The Supreme Court has asked for the pension benefits of three police officers to be withdrawn. In short, this is a concrete instance of state inaction and negligence that would normally justify the payment of a hefty compensation. Not every crime would have a similar set of circumstances. While convictions are not easy to come by in cases of mob violence, victim compensation may often be the only way to ensure some justice. The Code of Criminal Procedure was amended in 2008 to insert Section 357A under which every State government has to prepare a scheme to set up a fund from which compensation can be paid to victims of crime and their dependants who have suffered loss and injury and who may require rehabilitation. While on paper there is a mechanism to assess rehabilitation needs and pay compensation, there is a need to streamline the schemes and ensure that the compensation process is not done in an ad hoc manner, but is based on sound principles.Q. X has committed a murder of Y. After X has been apprehended and the case goes to trial, Y’s wife claims compensation taking the precedent of Bilkis Bano’s case. Which of the following is the most likely outcome?

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The law of torts is fashioned as "an instrument to make people adhere to a conduct of reasonable behaviour and respect the rights and interests of one another." This it does by protecting interests and by providing for situations when a person whose protected interest is violated can recover compensation for the loss suffered by him from the person who has violated the same.Consequently, it has been implied that there are three constituents of tort:1. Wrongful Act: There must be a wrongful act committed by a person, that is, the defendant.2. Legal Damage: The wrongful act must give rise to legal damage to a person, that is, the plaintiff.3. Legal Remedy: The wrongful act must be of such a nature so as to give a rise to legal remedy in the form of an action for damages.An act which, prima facie, appears to be innocent may become tortuous, if it invades the legal right of another person. A simple example is that of erecting a structure on one's own land. It is completely lawful to enjoy one's own property by erecting whatever one wants to, on his land. To every right there corresponds an obligation or duty. If the right is legal, so is the duty. If the right is contingent, so is the obligation.INJURIA SINE DAMNOInjuria sine damno refers to the cases of infringement of an absolute private right without any actual loss or damage. Here the actual damage means physical loss in terms of money, comfort, health, etc. This maxim says that the infringement of certain rights is itself considered as damage and there is no need to prove that an actual damage is caused. Every person has an absolute right over his property, to the immunity of his person, and an infringement of these rights is actionable per se. Here, the law presumes damage because certain acts are so likely to result in harm owing to their mischievous tendency that law has strictly prohibited them. Under this maxim, actual or perceptible or appreciable loss or detriment is not indispensable to the foundation of an action.DAMNUM SINE INJURIADamnum sine injuria involves the cases in which there is no infringement of any right but the plaintiff has suffered actual damage. Here the actual damage means physical loss in terms of money, comfort, health, etc. In these cases, no action lies. Mere loss in money or money's worth does not, by itself, constitute a tort. The most terrible harm may be inflicted on one man by another without a legal redress being obtainable as the doer did not infringe any legal right of the sufferer. The maxim means, it can be implied, that there are no legal remedies for moral wrongs unless some rights of the victim are being violated.Q. X had been teaching at St. Xavier College since many years. His relationship with the school management became strained due to his meager salary. So he started his own school just opposite St. Xavier College owing to which the number of students taking admission in St. Xavier College reduced and they suffered huge financial loss. Can management authorities of St. Xavier College sue X for compensation?a)The management authority cannot sue X as there is no legal injury.b)The management authority can sue X as they suffered huge losses.c)The management authority can file suit against X for opening new school without their consent.d)None of the aboveCorrect answer is option 'A'. Can you explain this answer?
Question Description
The law of torts is fashioned as "an instrument to make people adhere to a conduct of reasonable behaviour and respect the rights and interests of one another." This it does by protecting interests and by providing for situations when a person whose protected interest is violated can recover compensation for the loss suffered by him from the person who has violated the same.Consequently, it has been implied that there are three constituents of tort:1. Wrongful Act: There must be a wrongful act committed by a person, that is, the defendant.2. Legal Damage: The wrongful act must give rise to legal damage to a person, that is, the plaintiff.3. Legal Remedy: The wrongful act must be of such a nature so as to give a rise to legal remedy in the form of an action for damages.An act which, prima facie, appears to be innocent may become tortuous, if it invades the legal right of another person. A simple example is that of erecting a structure on one's own land. It is completely lawful to enjoy one's own property by erecting whatever one wants to, on his land. To every right there corresponds an obligation or duty. If the right is legal, so is the duty. If the right is contingent, so is the obligation.INJURIA SINE DAMNOInjuria sine damno refers to the cases of infringement of an absolute private right without any actual loss or damage. Here the actual damage means physical loss in terms of money, comfort, health, etc. This maxim says that the infringement of certain rights is itself considered as damage and there is no need to prove that an actual damage is caused. Every person has an absolute right over his property, to the immunity of his person, and an infringement of these rights is actionable per se. Here, the law presumes damage because certain acts are so likely to result in harm owing to their mischievous tendency that law has strictly prohibited them. Under this maxim, actual or perceptible or appreciable loss or detriment is not indispensable to the foundation of an action.DAMNUM SINE INJURIADamnum sine injuria involves the cases in which there is no infringement of any right but the plaintiff has suffered actual damage. Here the actual damage means physical loss in terms of money, comfort, health, etc. In these cases, no action lies. Mere loss in money or money's worth does not, by itself, constitute a tort. The most terrible harm may be inflicted on one man by another without a legal redress being obtainable as the doer did not infringe any legal right of the sufferer. The maxim means, it can be implied, that there are no legal remedies for moral wrongs unless some rights of the victim are being violated.Q. X had been teaching at St. Xavier College since many years. His relationship with the school management became strained due to his meager salary. So he started his own school just opposite St. Xavier College owing to which the number of students taking admission in St. Xavier College reduced and they suffered huge financial loss. Can management authorities of St. Xavier College sue X for compensation?a)The management authority cannot sue X as there is no legal injury.b)The management authority can sue X as they suffered huge losses.c)The management authority can file suit against X for opening new school without their consent.d)None of the aboveCorrect answer is option 'A'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about The law of torts is fashioned as "an instrument to make people adhere to a conduct of reasonable behaviour and respect the rights and interests of one another." This it does by protecting interests and by providing for situations when a person whose protected interest is violated can recover compensation for the loss suffered by him from the person who has violated the same.Consequently, it has been implied that there are three constituents of tort:1. Wrongful Act: There must be a wrongful act committed by a person, that is, the defendant.2. Legal Damage: The wrongful act must give rise to legal damage to a person, that is, the plaintiff.3. Legal Remedy: The wrongful act must be of such a nature so as to give a rise to legal remedy in the form of an action for damages.An act which, prima facie, appears to be innocent may become tortuous, if it invades the legal right of another person. A simple example is that of erecting a structure on one's own land. It is completely lawful to enjoy one's own property by erecting whatever one wants to, on his land. To every right there corresponds an obligation or duty. If the right is legal, so is the duty. If the right is contingent, so is the obligation.INJURIA SINE DAMNOInjuria sine damno refers to the cases of infringement of an absolute private right without any actual loss or damage. Here the actual damage means physical loss in terms of money, comfort, health, etc. This maxim says that the infringement of certain rights is itself considered as damage and there is no need to prove that an actual damage is caused. Every person has an absolute right over his property, to the immunity of his person, and an infringement of these rights is actionable per se. Here, the law presumes damage because certain acts are so likely to result in harm owing to their mischievous tendency that law has strictly prohibited them. Under this maxim, actual or perceptible or appreciable loss or detriment is not indispensable to the foundation of an action.DAMNUM SINE INJURIADamnum sine injuria involves the cases in which there is no infringement of any right but the plaintiff has suffered actual damage. Here the actual damage means physical loss in terms of money, comfort, health, etc. In these cases, no action lies. Mere loss in money or money's worth does not, by itself, constitute a tort. The most terrible harm may be inflicted on one man by another without a legal redress being obtainable as the doer did not infringe any legal right of the sufferer. The maxim means, it can be implied, that there are no legal remedies for moral wrongs unless some rights of the victim are being violated.Q. X had been teaching at St. Xavier College since many years. His relationship with the school management became strained due to his meager salary. So he started his own school just opposite St. Xavier College owing to which the number of students taking admission in St. Xavier College reduced and they suffered huge financial loss. Can management authorities of St. Xavier College sue X for compensation?a)The management authority cannot sue X as there is no legal injury.b)The management authority can sue X as they suffered huge losses.c)The management authority can file suit against X for opening new school without their consent.d)None of the aboveCorrect answer is option 'A'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for The law of torts is fashioned as "an instrument to make people adhere to a conduct of reasonable behaviour and respect the rights and interests of one another." This it does by protecting interests and by providing for situations when a person whose protected interest is violated can recover compensation for the loss suffered by him from the person who has violated the same.Consequently, it has been implied that there are three constituents of tort:1. Wrongful Act: There must be a wrongful act committed by a person, that is, the defendant.2. Legal Damage: The wrongful act must give rise to legal damage to a person, that is, the plaintiff.3. Legal Remedy: The wrongful act must be of such a nature so as to give a rise to legal remedy in the form of an action for damages.An act which, prima facie, appears to be innocent may become tortuous, if it invades the legal right of another person. A simple example is that of erecting a structure on one's own land. It is completely lawful to enjoy one's own property by erecting whatever one wants to, on his land. To every right there corresponds an obligation or duty. If the right is legal, so is the duty. If the right is contingent, so is the obligation.INJURIA SINE DAMNOInjuria sine damno refers to the cases of infringement of an absolute private right without any actual loss or damage. Here the actual damage means physical loss in terms of money, comfort, health, etc. This maxim says that the infringement of certain rights is itself considered as damage and there is no need to prove that an actual damage is caused. Every person has an absolute right over his property, to the immunity of his person, and an infringement of these rights is actionable per se. Here, the law presumes damage because certain acts are so likely to result in harm owing to their mischievous tendency that law has strictly prohibited them. Under this maxim, actual or perceptible or appreciable loss or detriment is not indispensable to the foundation of an action.DAMNUM SINE INJURIADamnum sine injuria involves the cases in which there is no infringement of any right but the plaintiff has suffered actual damage. Here the actual damage means physical loss in terms of money, comfort, health, etc. In these cases, no action lies. Mere loss in money or money's worth does not, by itself, constitute a tort. The most terrible harm may be inflicted on one man by another without a legal redress being obtainable as the doer did not infringe any legal right of the sufferer. The maxim means, it can be implied, that there are no legal remedies for moral wrongs unless some rights of the victim are being violated.Q. X had been teaching at St. Xavier College since many years. His relationship with the school management became strained due to his meager salary. So he started his own school just opposite St. Xavier College owing to which the number of students taking admission in St. Xavier College reduced and they suffered huge financial loss. Can management authorities of St. Xavier College sue X for compensation?a)The management authority cannot sue X as there is no legal injury.b)The management authority can sue X as they suffered huge losses.c)The management authority can file suit against X for opening new school without their consent.d)None of the aboveCorrect answer is option 'A'. Can you explain this answer?.
Solutions for The law of torts is fashioned as "an instrument to make people adhere to a conduct of reasonable behaviour and respect the rights and interests of one another." This it does by protecting interests and by providing for situations when a person whose protected interest is violated can recover compensation for the loss suffered by him from the person who has violated the same.Consequently, it has been implied that there are three constituents of tort:1. Wrongful Act: There must be a wrongful act committed by a person, that is, the defendant.2. Legal Damage: The wrongful act must give rise to legal damage to a person, that is, the plaintiff.3. Legal Remedy: The wrongful act must be of such a nature so as to give a rise to legal remedy in the form of an action for damages.An act which, prima facie, appears to be innocent may become tortuous, if it invades the legal right of another person. A simple example is that of erecting a structure on one's own land. It is completely lawful to enjoy one's own property by erecting whatever one wants to, on his land. To every right there corresponds an obligation or duty. If the right is legal, so is the duty. If the right is contingent, so is the obligation.INJURIA SINE DAMNOInjuria sine damno refers to the cases of infringement of an absolute private right without any actual loss or damage. Here the actual damage means physical loss in terms of money, comfort, health, etc. This maxim says that the infringement of certain rights is itself considered as damage and there is no need to prove that an actual damage is caused. Every person has an absolute right over his property, to the immunity of his person, and an infringement of these rights is actionable per se. Here, the law presumes damage because certain acts are so likely to result in harm owing to their mischievous tendency that law has strictly prohibited them. Under this maxim, actual or perceptible or appreciable loss or detriment is not indispensable to the foundation of an action.DAMNUM SINE INJURIADamnum sine injuria involves the cases in which there is no infringement of any right but the plaintiff has suffered actual damage. Here the actual damage means physical loss in terms of money, comfort, health, etc. In these cases, no action lies. Mere loss in money or money's worth does not, by itself, constitute a tort. The most terrible harm may be inflicted on one man by another without a legal redress being obtainable as the doer did not infringe any legal right of the sufferer. The maxim means, it can be implied, that there are no legal remedies for moral wrongs unless some rights of the victim are being violated.Q. X had been teaching at St. Xavier College since many years. His relationship with the school management became strained due to his meager salary. So he started his own school just opposite St. Xavier College owing to which the number of students taking admission in St. Xavier College reduced and they suffered huge financial loss. Can management authorities of St. Xavier College sue X for compensation?a)The management authority cannot sue X as there is no legal injury.b)The management authority can sue X as they suffered huge losses.c)The management authority can file suit against X for opening new school without their consent.d)None of the aboveCorrect answer is option 'A'. Can you explain this answer? in English & in Hindi are available as part of our courses for CLAT. Download more important topics, notes, lectures and mock test series for CLAT Exam by signing up for free.
Here you can find the meaning of The law of torts is fashioned as "an instrument to make people adhere to a conduct of reasonable behaviour and respect the rights and interests of one another." This it does by protecting interests and by providing for situations when a person whose protected interest is violated can recover compensation for the loss suffered by him from the person who has violated the same.Consequently, it has been implied that there are three constituents of tort:1. Wrongful Act: There must be a wrongful act committed by a person, that is, the defendant.2. Legal Damage: The wrongful act must give rise to legal damage to a person, that is, the plaintiff.3. Legal Remedy: The wrongful act must be of such a nature so as to give a rise to legal remedy in the form of an action for damages.An act which, prima facie, appears to be innocent may become tortuous, if it invades the legal right of another person. A simple example is that of erecting a structure on one's own land. It is completely lawful to enjoy one's own property by erecting whatever one wants to, on his land. To every right there corresponds an obligation or duty. If the right is legal, so is the duty. If the right is contingent, so is the obligation.INJURIA SINE DAMNOInjuria sine damno refers to the cases of infringement of an absolute private right without any actual loss or damage. Here the actual damage means physical loss in terms of money, comfort, health, etc. This maxim says that the infringement of certain rights is itself considered as damage and there is no need to prove that an actual damage is caused. Every person has an absolute right over his property, to the immunity of his person, and an infringement of these rights is actionable per se. Here, the law presumes damage because certain acts are so likely to result in harm owing to their mischievous tendency that law has strictly prohibited them. Under this maxim, actual or perceptible or appreciable loss or detriment is not indispensable to the foundation of an action.DAMNUM SINE INJURIADamnum sine injuria involves the cases in which there is no infringement of any right but the plaintiff has suffered actual damage. Here the actual damage means physical loss in terms of money, comfort, health, etc. In these cases, no action lies. Mere loss in money or money's worth does not, by itself, constitute a tort. The most terrible harm may be inflicted on one man by another without a legal redress being obtainable as the doer did not infringe any legal right of the sufferer. The maxim means, it can be implied, that there are no legal remedies for moral wrongs unless some rights of the victim are being violated.Q. X had been teaching at St. Xavier College since many years. His relationship with the school management became strained due to his meager salary. So he started his own school just opposite St. Xavier College owing to which the number of students taking admission in St. Xavier College reduced and they suffered huge financial loss. Can management authorities of St. Xavier College sue X for compensation?a)The management authority cannot sue X as there is no legal injury.b)The management authority can sue X as they suffered huge losses.c)The management authority can file suit against X for opening new school without their consent.d)None of the aboveCorrect answer is option 'A'. Can you explain this answer? defined & explained in the simplest way possible. Besides giving the explanation of The law of torts is fashioned as "an instrument to make people adhere to a conduct of reasonable behaviour and respect the rights and interests of one another." This it does by protecting interests and by providing for situations when a person whose protected interest is violated can recover compensation for the loss suffered by him from the person who has violated the same.Consequently, it has been implied that there are three constituents of tort:1. Wrongful Act: There must be a wrongful act committed by a person, that is, the defendant.2. Legal Damage: The wrongful act must give rise to legal damage to a person, that is, the plaintiff.3. Legal Remedy: The wrongful act must be of such a nature so as to give a rise to legal remedy in the form of an action for damages.An act which, prima facie, appears to be innocent may become tortuous, if it invades the legal right of another person. A simple example is that of erecting a structure on one's own land. It is completely lawful to enjoy one's own property by erecting whatever one wants to, on his land. To every right there corresponds an obligation or duty. If the right is legal, so is the duty. If the right is contingent, so is the obligation.INJURIA SINE DAMNOInjuria sine damno refers to the cases of infringement of an absolute private right without any actual loss or damage. Here the actual damage means physical loss in terms of money, comfort, health, etc. This maxim says that the infringement of certain rights is itself considered as damage and there is no need to prove that an actual damage is caused. Every person has an absolute right over his property, to the immunity of his person, and an infringement of these rights is actionable per se. Here, the law presumes damage because certain acts are so likely to result in harm owing to their mischievous tendency that law has strictly prohibited them. Under this maxim, actual or perceptible or appreciable loss or detriment is not indispensable to the foundation of an action.DAMNUM SINE INJURIADamnum sine injuria involves the cases in which there is no infringement of any right but the plaintiff has suffered actual damage. Here the actual damage means physical loss in terms of money, comfort, health, etc. In these cases, no action lies. Mere loss in money or money's worth does not, by itself, constitute a tort. The most terrible harm may be inflicted on one man by another without a legal redress being obtainable as the doer did not infringe any legal right of the sufferer. The maxim means, it can be implied, that there are no legal remedies for moral wrongs unless some rights of the victim are being violated.Q. X had been teaching at St. Xavier College since many years. His relationship with the school management became strained due to his meager salary. So he started his own school just opposite St. Xavier College owing to which the number of students taking admission in St. Xavier College reduced and they suffered huge financial loss. Can management authorities of St. Xavier College sue X for compensation?a)The management authority cannot sue X as there is no legal injury.b)The management authority can sue X as they suffered huge losses.c)The management authority can file suit against X for opening new school without their consent.d)None of the aboveCorrect answer is option 'A'. Can you explain this answer?, a detailed solution for The law of torts is fashioned as "an instrument to make people adhere to a conduct of reasonable behaviour and respect the rights and interests of one another." This it does by protecting interests and by providing for situations when a person whose protected interest is violated can recover compensation for the loss suffered by him from the person who has violated the same.Consequently, it has been implied that there are three constituents of tort:1. Wrongful Act: There must be a wrongful act committed by a person, that is, the defendant.2. Legal Damage: The wrongful act must give rise to legal damage to a person, that is, the plaintiff.3. Legal Remedy: The wrongful act must be of such a nature so as to give a rise to legal remedy in the form of an action for damages.An act which, prima facie, appears to be innocent may become tortuous, if it invades the legal right of another person. A simple example is that of erecting a structure on one's own land. It is completely lawful to enjoy one's own property by erecting whatever one wants to, on his land. To every right there corresponds an obligation or duty. If the right is legal, so is the duty. If the right is contingent, so is the obligation.INJURIA SINE DAMNOInjuria sine damno refers to the cases of infringement of an absolute private right without any actual loss or damage. Here the actual damage means physical loss in terms of money, comfort, health, etc. This maxim says that the infringement of certain rights is itself considered as damage and there is no need to prove that an actual damage is caused. Every person has an absolute right over his property, to the immunity of his person, and an infringement of these rights is actionable per se. Here, the law presumes damage because certain acts are so likely to result in harm owing to their mischievous tendency that law has strictly prohibited them. Under this maxim, actual or perceptible or appreciable loss or detriment is not indispensable to the foundation of an action.DAMNUM SINE INJURIADamnum sine injuria involves the cases in which there is no infringement of any right but the plaintiff has suffered actual damage. Here the actual damage means physical loss in terms of money, comfort, health, etc. In these cases, no action lies. Mere loss in money or money's worth does not, by itself, constitute a tort. The most terrible harm may be inflicted on one man by another without a legal redress being obtainable as the doer did not infringe any legal right of the sufferer. The maxim means, it can be implied, that there are no legal remedies for moral wrongs unless some rights of the victim are being violated.Q. X had been teaching at St. Xavier College since many years. His relationship with the school management became strained due to his meager salary. So he started his own school just opposite St. Xavier College owing to which the number of students taking admission in St. Xavier College reduced and they suffered huge financial loss. Can management authorities of St. Xavier College sue X for compensation?a)The management authority cannot sue X as there is no legal injury.b)The management authority can sue X as they suffered huge losses.c)The management authority can file suit against X for opening new school without their consent.d)None of the aboveCorrect answer is option 'A'. Can you explain this answer? has been provided alongside types of The law of torts is fashioned as "an instrument to make people adhere to a conduct of reasonable behaviour and respect the rights and interests of one another." This it does by protecting interests and by providing for situations when a person whose protected interest is violated can recover compensation for the loss suffered by him from the person who has violated the same.Consequently, it has been implied that there are three constituents of tort:1. Wrongful Act: There must be a wrongful act committed by a person, that is, the defendant.2. Legal Damage: The wrongful act must give rise to legal damage to a person, that is, the plaintiff.3. Legal Remedy: The wrongful act must be of such a nature so as to give a rise to legal remedy in the form of an action for damages.An act which, prima facie, appears to be innocent may become tortuous, if it invades the legal right of another person. A simple example is that of erecting a structure on one's own land. It is completely lawful to enjoy one's own property by erecting whatever one wants to, on his land. To every right there corresponds an obligation or duty. If the right is legal, so is the duty. If the right is contingent, so is the obligation.INJURIA SINE DAMNOInjuria sine damno refers to the cases of infringement of an absolute private right without any actual loss or damage. Here the actual damage means physical loss in terms of money, comfort, health, etc. This maxim says that the infringement of certain rights is itself considered as damage and there is no need to prove that an actual damage is caused. Every person has an absolute right over his property, to the immunity of his person, and an infringement of these rights is actionable per se. Here, the law presumes damage because certain acts are so likely to result in harm owing to their mischievous tendency that law has strictly prohibited them. Under this maxim, actual or perceptible or appreciable loss or detriment is not indispensable to the foundation of an action.DAMNUM SINE INJURIADamnum sine injuria involves the cases in which there is no infringement of any right but the plaintiff has suffered actual damage. Here the actual damage means physical loss in terms of money, comfort, health, etc. In these cases, no action lies. Mere loss in money or money's worth does not, by itself, constitute a tort. The most terrible harm may be inflicted on one man by another without a legal redress being obtainable as the doer did not infringe any legal right of the sufferer. The maxim means, it can be implied, that there are no legal remedies for moral wrongs unless some rights of the victim are being violated.Q. X had been teaching at St. Xavier College since many years. His relationship with the school management became strained due to his meager salary. So he started his own school just opposite St. Xavier College owing to which the number of students taking admission in St. Xavier College reduced and they suffered huge financial loss. Can management authorities of St. Xavier College sue X for compensation?a)The management authority cannot sue X as there is no legal injury.b)The management authority can sue X as they suffered huge losses.c)The management authority can file suit against X for opening new school without their consent.d)None of the aboveCorrect answer is option 'A'. Can you explain this answer? theory, EduRev gives you an ample number of questions to practice The law of torts is fashioned as "an instrument to make people adhere to a conduct of reasonable behaviour and respect the rights and interests of one another." This it does by protecting interests and by providing for situations when a person whose protected interest is violated can recover compensation for the loss suffered by him from the person who has violated the same.Consequently, it has been implied that there are three constituents of tort:1. Wrongful Act: There must be a wrongful act committed by a person, that is, the defendant.2. Legal Damage: The wrongful act must give rise to legal damage to a person, that is, the plaintiff.3. Legal Remedy: The wrongful act must be of such a nature so as to give a rise to legal remedy in the form of an action for damages.An act which, prima facie, appears to be innocent may become tortuous, if it invades the legal right of another person. A simple example is that of erecting a structure on one's own land. It is completely lawful to enjoy one's own property by erecting whatever one wants to, on his land. To every right there corresponds an obligation or duty. If the right is legal, so is the duty. If the right is contingent, so is the obligation.INJURIA SINE DAMNOInjuria sine damno refers to the cases of infringement of an absolute private right without any actual loss or damage. Here the actual damage means physical loss in terms of money, comfort, health, etc. This maxim says that the infringement of certain rights is itself considered as damage and there is no need to prove that an actual damage is caused. Every person has an absolute right over his property, to the immunity of his person, and an infringement of these rights is actionable per se. Here, the law presumes damage because certain acts are so likely to result in harm owing to their mischievous tendency that law has strictly prohibited them. Under this maxim, actual or perceptible or appreciable loss or detriment is not indispensable to the foundation of an action.DAMNUM SINE INJURIADamnum sine injuria involves the cases in which there is no infringement of any right but the plaintiff has suffered actual damage. Here the actual damage means physical loss in terms of money, comfort, health, etc. In these cases, no action lies. Mere loss in money or money's worth does not, by itself, constitute a tort. The most terrible harm may be inflicted on one man by another without a legal redress being obtainable as the doer did not infringe any legal right of the sufferer. The maxim means, it can be implied, that there are no legal remedies for moral wrongs unless some rights of the victim are being violated.Q. X had been teaching at St. Xavier College since many years. His relationship with the school management became strained due to his meager salary. So he started his own school just opposite St. Xavier College owing to which the number of students taking admission in St. Xavier College reduced and they suffered huge financial loss. Can management authorities of St. Xavier College sue X for compensation?a)The management authority cannot sue X as there is no legal injury.b)The management authority can sue X as they suffered huge losses.c)The management authority can file suit against X for opening new school without their consent.d)None of the aboveCorrect answer is option 'A'. Can you explain this answer? tests, examples and also practice CLAT tests.
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