Essentials of Torts



Two important essentials to constitute a tort are :
1) An act or omission by the defendant and
2) The act or omission of the act should result directly in legal injury or damage

An Act or Omission :

In order to make a person liable for a Tort, he must have done an act or omitted to do that act which he was supposed to do legally. For example, by doing a prohibited act, by violating one’s own duties, trying to defame the person, illegally entering some one’s property.

Injury or Damage (legal injury) :

Damage is the direct result of the defendant’s act or omission to that act. The main objective of the law of torts is to give protection to the one’s body, property and status. The action for damages lies for infringement of individual’s legal rights.

In order to be successful in an action for Torts one needs to show legal damage or injury. It should be proved that there is a breach of legal duty or violation of a legal right that is vested in the plaintiff. Unless there is violation of legal rights or injury, compensation cannot be received under law of Torts. Where there is no violation of legal rights there can be no action in tort even if he suffers any damage or not. The real meaning of the legal damage or injury can be illustrated by two maxims :
1) Injuria sine Damno
2) Damnum sine Injuria

Injuria Sine Damno :

‘Injuria’ means and injury or damage, ‘sine’ means without and ‘Damno’ means damage. This means violation of legal rights without causing any harm or damage or loss to the ‘Plaintiff’.

Case Law: Ashby Vs. White
This case explains Injuria Sine Damnum. In this case the Plaintiff was a qualified voter at a parliamentary election but was not allowed to vote and was wrongfully stopped by a returning officer. No loss was suffered but the Plaintiff legal right was obstructed.
The court held that even though there was no loss and only legal damage occurred, the plaintiff is liable for compensation. The court also held that even though the refusal to vote did not effect the winning party at elections the plaintiff should be awarded damages or given damages.

Case Law: Bhim Singh Vs. State of Jammu & Kashmir
In this case, MLA of Jammu & Kashmir was wrongfully detained (police custody) by the police when he was going to attend the assembly session. He was also not produced before the magistrate in the given time period. As a result, he was not given the constitutional right to attend the assembly session. When he filed a case under ‘Injuria sine Damnum’, the court held that damages should be given as his legal rights were taken away and awarded Rs 50,000 as compensation for violation of his fundamental right by Article 21 of the constitution.

Damnum Sine Injuria :

‘Damnum’ means damage, ‘sine’ means without and ‘Injuria’ means injury or damage. This means that damage which is not coupled with unauthorized interference with the Plaitiff’s legal rights. Damage caused without violation of legal rights, howsoever, great is not actionable in the law of torts.

Case Law: Gloucester Grammar school case
In this case the defendant who was the school master sets up a rival school close to the Plaintiff. The Plaintiff’s school has to reduce the fees because of competition and they had to reduce fee from 40 pence to 12 pence per student per quarter which resulted in monetary loss. The plaintiff filed a suit against the defendant for compensation of his loss.
The court held that the Plaintiff has no remedy for the loss suffered by him due to the maxim ‘Damnum Sine Injuria’ under law of torts. The court held that causing of the damage to another person is not actionable at law unless there is legal damage or violation legal rights of the plaintiff.

Case Law: Seetharamayya Vs. Mahalakshmamma
In this case, four defendants try to ward off the flow of water into their land by digging a trench and also fence it with buds to prevent the water from entering into their land. As a result of this the plaintiff requested mandatory injunction to demolish permanently the making of trenches and claiming damages of Rs 300 for the loss sustained.
The court held that the owner of the land has every right to build a fence in any form to prevent damage on his ground and the defendants where not liable for any compensation under that maxim ‘Damnum Sine Injuria’.

Note: Difference between damage and damages
Damage means injury done to a person by any act or the omission of the act, while damages is the compensation awarded to the person for his loss.