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Damnum sine injuria

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HomeBrud.gifMaximsBrud.gifDamnum sine injuria


A Mischief that is not a wrongful because it does not fulfill even the materials conditions of responsibility is called damnum sine injuria

Salmond divided this into two types:

  • Harm done to an individual is a gain to the society as a whole (Example: Competition in trading)
  • Though harm is done to the community, yet, owing to its triviality, or difficulty of proof, or to any other reasons, it is considered inexpedient to attempt its prevention by the law. The mischief is of such a nature that the legal remedy would be worse than the disease

Related Maxims

  • Jus necessitatis

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