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: A violation of a Legal Right, with or without damage, gives rise to a tort.
FACTUAL SITUATION: 'A' establishes a coaching class and charges Rs. 5000 per year as fees. 'A's neighbour 'B' establishes another coaching class thereby creating a competition, this forces 'A' to reduce his fees to Rs. 3000 per year.
Question: Can 'A' claim damages from 'B' for the loss caused to him?

• A. Yes, he can as 'B' has violated his Legal Right
• B. No, 'A' has reduced the fees on his own
• C. No, because though there was damage, there was no legal injury
• D. None of the above

Answer 1

The correct option is C 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 were not violated even though actual damage/loss was suffered.