Question

LEGAL PRINCIPLE: There are certain acts which, though harmful, are not wrongful in law; therefore, do not give legal right to bring action in law, to the person who suffers from such acts.
FACTUAL SITUATION: 'Prakash' has a rice mill. His neighbour, Shanti, sets up another rice mill and offers a tough competition to Prakash. As a consequence, Prakash's profits fall down, he brings a suit against Shanti for damages.

• A. Prakash can succeed in his claim as it is a case of actual damages.
• B. Prakash cannot succeed in his claim for damages, as it is a case of damage without infringement of any legal right.
• C. Prakash can succeed in his claim for damages, as it is a case of damage as a result of infringement of his legal right.
• D. Prakash may succeed in his claim for damages, as it is a case of loss to his business.

Answer 1

Answer: (B)

Prakash cannot succeed in his claim for damages, as it is a case of damage without infringement of any legal right.

The maxim 'Damnum sine injuria' means that "no action will lie if there is actual loss or damage but there has been no infringement of legal right". Where there has been no infringement of any legal right, the mere fact of harm or loss will not render such act or omission actionable although the loss may be substantial or even irreparable. This maxim has been propounded in the above mentioned case law as there was no infringement of Prakash's legal right.