Practicing Success
Practicing Success
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| A, a shop owner sells stationery items to primary school students for three years. Next to A's shop, B opens another stationary shop and sells his items at a lower price compared to A's. Therefore, in this case, although A suffered sufficient monetary loss in his business , he cannot sue B for opening another stationary shop as he did not violate any of the legal rights of A. Which of the legal maxim is involved in this example? |
Noscitur a Sociis Pari Materia Damnum Sine Injuria Ratio Decidendi |
| Damnum Sine Injuria |
| Damnum Sine Injuria : The word Damnum is a Latin word which means Damage. The word Sine is also a Latin word meaning Without; and The word Injuria which is also a Latin word means injury of the Lawful personal privileges. Thus the word Damnum Sine Injuria means any damage which is caused apart from the harm as well as prejudice or in simple terms it means Damage done without the violation of legal rights. Damnum Sine Injuria as the meaning suggests is a situation where a damage of any kind is done to another person without violating the legal rights of the other person. For example, A, a shop owner sells stationery items to primary school students for three years and next to A's shop, B opens another stationary shop and sells his items at a lower price compared to A's. Now, A cannot sue B as he did not violate any of the legal rights of A because by opening a shop just next to A is no illegal act. Therefore, in this case, although A suffered sufficient monetary loss in his business , he cannot sue B for opening another stationary shop. So, we can say A was a victim of Damnum Sine Injuria. A person committing Damnum Sine Injuria cannot be sued in the court of law. |
