Question

Given below are Legal Principles followed by a Factual Situation. Apply the principles followed by a factual Situation. Apply the principle to it and select the most appropriate answer for question among the four choices given.

LEGAL PRINCIPLE: The violation of legal right without damage gives rise to tort.

FACTUAL SITUATION: X runs a coaching centre and charges Rs. 1800 per month as fees per candidate. Y runs another coaching centre and charges Rs. 1300 per month as fees per candidate for completing with X. This act of Y compelled X to reduce his charge to such Rs. 1300.

QUESTION: Can X claim for damages from Y?

• A. Yes, he can as Y violated his legal right.
• B. No, X has reduced the fees on his own.
• C. Yes, because as there was damages there was legal injury.
• D. No, because though there was damage there was no legal injury.

Answer 1

The correct option is D No, because though there was damage there was no legal injury.

The above case is based on the legal doctrine of Injuria sine damnum which means injury of legal rights without damage. It basically states that infringement of an absolute private right without any actual loss or damage. Here, physical damages or actual loss means loss or damage in terms of health, money, etc. Therefore, A will not be compensated since his legal rights are not violated even though actual damage/loss is suffered.