Question

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.5,000 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. 3,000 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

Answer: (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 are not violated even though actual damage/loss is suffered.