In this article you will learn about the Legal Damages in Tort.
Legal Damages in Tort
Legal damages in tort law refer to the compensation awarded to a plaintiff (the injured party) by a court as a result of harm suffered due to the wrongful act or omission of another party, known as the defendant. Tort law covers civil wrongs, other than breaches of contract, and provides remedies to individuals who have suffered harm or loss due to the actions or negligence of others.
Legal damage is the second essential component that makes up a tort. The plaintiff must demonstrate that there was an unlawful act or omission that led to the violation of a legal duty or right in order to prevail in a tort action in court. Therefore, for there to be an action under the law of torts, there must be a violation of a person's legal right; otherwise, there cannot be an action. Whether or not the plaintiff has experienced any loss, there is actionable grounds for a violation of a legal right. This is summed up in the maxim "Injuria sine damno," where "damnum" denotes "substantial harm, loss, or damage to that individual" and "injuria" refers to "infringement of the legal right of a person." The definition of "sine" is "without." But even if the defendant causes the plaintiff harm or damage, no action can be brought in court if there hasn't been a violation of their legal rights.
Two maxims serve as examples of the factual significance of legal damage :
- Injuria sine damno, and
- Damnum sine injuria.
Injuria sine damno means violation of legal right without any damage or loss. Under the tort law, such damages are actionable. It happens when someone experiences a person's legal rights being violated by another person, resulting in legal damage rather than actual loss. To put it another way, this is an infringement on someone's total private right without any real harm being done.
An illustration of this can be found in the famous case of Ashby v. White (1703), in which the plaintiff, Mr. Ashby, was denied the right to vote by the constable, Mr. White. "Ubi jus ibi remedium," which roughly translates to "where there is a right, there will be a remedy," is the foundation upon which this rule is essentially built. In this case questions raised were :
- Is there any loss or damage caused?
- Is there any violation of legal rights?
In the law of tort, violation of legal right is sufficient to receive compensation.
In Bhim Singh v. State of J and K, the plaintiff, a member of parliament, claimed that his legal rights had been violated because a police constable had prevented him from entering the Assembly election site.
In contrast to the phrase "damnum sine injuria," which means "damage or loss without injury," in this case the party impacted experiences damage which could even be physical but their legal rights are not violated. Stated differently, it refers to a situation in which a party experiences a real and significant loss without any violation of their legal rights. Since no legal right has been violated, the plaintiff is not able to take legal action in this case.
This article on Legal Damages in Tort is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.