Week 1-2 Law of Torts In General

  1. Essential of Torts 2. Damage and Injury 3.Damage and Damages 4.Ubi Jus ibi remedium 5.Damno Sine Injuria 6. Injuria Sine Damno.               By anaysing the definition provided by Salmond and others, it is easy to understand its essential ingredients. Law of Torts is the development of maxim UBI JUS IBI REMEDIUM " Where there is right, there is remedy. Cencept of right without corresponding remedy is good for nothing. For elucidation of aforementioned maxim, the difference of Damage and Injury is crucial to understand. Damage is kind of some finacial loss that can be measured in terms of moeny whereas Injury is the infrignemnt of some leaglly recognised rights of the individual. Damno Sine Injuria and Injuria Sine Damno makes it clear that damage without injury is not actionable in Law of Torts. Injuria sine damno is actionable as it embodies the infringement of some legally recognised right os the individual. Injuria Sine Damno relates to infirgments of rights that are legally recognised. It pertains to the violations of legal right by defendant even though in doing so, he does not cause any pecuniary loss to him. On the other hand, Damno sine injuria deals with moral rights for which law actully provides no remedy. It is not actionable. It refers to  excercise of some legally recognised right by the defendant even though in doing so he casues some financial loss to the Plaintiff. 
  2. Recommeded Cases    
  • Ashby v. White        1703
  • Marzett v. Williams 1830 
  • Hagarty v. Shine     1878 
  • Stovin v. Wise        1996
  • Mayor of Bradford v Pickles 1895

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