damnum absque injuria


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damnum absque injuria

‘damage without legal wrong’.
Collins Dictionary of Law © W.J. Stewart, 2006

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.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
English jurists thus spoke of damnum absque injuria to capture the idea that a party might suffer a genuine loss without having suffered the legally actionable injury that would support litigation.
(91) Also, there was an old doctrine of damnum absque injuria, appearing to make Hohfeld's axiom far less axiomatic.
Arroyo also claimed the UCCP lacked cause of action against her on the grounds that there was damnum absque injuria (loss without injury); that the complaint was a suit against the state; and the UCCP leaders did not have any cause of action for any alleged act on her part in the performance of her official duties as President and Commander in Chief.
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. Using the issue of subsidies as an example, it reinforces its claim that distinctions between private/public and foreign/domestic are becoming increasingly difficult to sustain, thereby justifying a regulatory regime that focuses on aggregations of power (via monetary thresholds) and harm.
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. (22) The basic argument that one wants to make about this is as follows: There are all sorts of things that can happen to anyone that leave him worse off than he was before.
Disrupting Subsurface Resource Pools is Damnum Absque Injuria.
The expansion of article I, section IV, requiring the landowner to be compensated to "the full extent of his loss," is intended to give the landowner compensation for things previously considered damnum absque injuria (e.g., cost of removal), which were not afforded compensation before the 1974 constitution.
inter alia, that Burnham's was a case of damnum absque injuria.
The evidence lies not only in the new framework for thinking about torts, visible in treatises and scholarly articles, but also in the development and refinement of particular doctrines, most notably contributory negligence, assumption of risk, and damnum absque injuria. (5) Second, the importance of the shift in background assumptions about liability could hardly have been imagined early in the nineteenth century, when the number of serious injuries from industrial activity was miniscule in comparison to what would emerge in the last third of the century.
Dedge consider the old legal maxim damnum absque injuria. I was never good at Latin, but I think that means "enough already." Get on with your life and stop trying to feel sorry for yourself at taxpayer expense.
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." (9) A suit to enforce a living will is a sign that horrible and irreconcilable differences polluted efforts to make decisions for a patient.
Ms Arroyo also claimed that the UCCP lacked the cause of action against her on the ground that there was damnum absque injuria (loss without injury); that the complaint is a suit against the State; and the UCCP leaders do not have any cause of action for any alleged act on her part in the performance of her official duties as president and commander-in-chief.