damnum absque injuria


Also found in: Wikipedia.

damnum absque injuria

‘damage without legal wrong’.

DAMNUM ABSQUE INJURIA. A loss or damage without injury.
     2. There are cases when the act of one man may cause a damage or loss to another, and for which the latter has no remedy; he is then said to have received damnum absque injuria; as, for example, if a man should set up a school in the neighborhood of another school, and, by that means, deprive the former of its patronage; or if a man should build a mill along side of another, and consequently reduce his custom. 9 Pick. 59, 528.
     3. Another instance may be given of the case where a man using proper care and diligence, while excavating for a foundation, injures the adjoining house, owing to the unsuitable materials used in such house; here the injury is damnum absque injuria.
     4. When a man slanders another by publishing the truth, the person slandered is said to have sustained loss without injury. Bac. Ab. Actions on the Case, C Dane's Ab. Index, h.t.

Mentioned in ?
References in periodicals archive ?
It advances its claim for an approach that focuses on harm, regardless of the identity of investor, by drawing upon insights from the doctrine of damnum absque injuria.
compensable injury and damnum absque injuria in the notion of
Indeed, one of the terrible intellectual mistakes of the environmental movement is to expand the definition of "harm" so that it rejects the common-law distinction between those harms that are cognizable by legal action and those harms that are properly treated as damnum absque injuria.
Disrupting Subsurface Resource Pools is Damnum Absque Injuria.
705, 707 (1915) ("It is quite within the power of the Legislature to declare that a damage to that form of property known as business or the good will of a business shall be compensated for; but, unless the Constitution or the Legislature has so declared, it is the universal rule of construction that an injury or inconvenience to a business is damnum absque injuria and does not form an element of the compensating damages to be awarded.
Dedge consider the old legal maxim damnum absque injuria.
This is what lawyers call a damnum absque injuria, a "[l]oss, hurt, or harm without injury in the legal sense, that is, without such breach of duty as is redressible by an action.
156) Courts often cite the doctrines of de minimis non curat lex and damnum absque injuria in rejecting plaintiffs' claims, finding damage nonexistent, or simply too small to justify a remedy.
I speak of "coercion" and "voluntarism" using a standard of property rights, with the social pressures presently discussed as damnum absque injuria.
We have also seen that common law courts, by invoking the doctrine of damnum absque injuria, limited the right of one surface owner to recover from another surface owner for underground, and therefore unseen, interferences with the resource pools underneath their property.
9) The large doctrinal significance of the judicial actions was to reiterate the concept that injury to a property owner might be found to be damnum absque injuria (an injury without remedy).