damnum absque injuria

damnum absque injuria
Damage without wrong, the sense of the expression being that there is no cause of action. 1 Am J2d Actions § 78. The phrase applies where an accident occurs and no fault or negligence is chargeable to either of the parties to the occurrence, as where the accident was inevitable or is properly characterized as an act of God. 38 Am J1st Negl § 4. A legal right must be violated in order that an action of tort may be maintained. The mere fact that a complainant may have suffered damage of the kind which the law recognizes is not enough. There must also have been a violation of a duty recognized by law. "Damnum" is not enough; there must also be "injuria." The maxim comes from the civil law. West Virginia Transp. Co. v Standard Oil Co. 50 W Va 611, 40 SE 591.

Ballentine's law dictionary. . 1998.

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  • damnum absque injuria — dam·num abs·que in·ju·ria / dam nəm ab skwē in ju̇r ē ə, däm nu̇m äb skwā in yü rē ä/ [Late Latin, loss without unlawful conduct]: a loss for which the law provides no means of recovery compare injuria absque damno Merriam Webster’s Dictionary of …   Law dictionary

  • Damnum absque injuria — In law, damnum absque injuria (Latin for loss without injury ) is a phrase expressing the principle of tort law in which some person (natural or legal) causes damage or loss to another, but does not injure them, and thus the latter has no legal… …   Wikipedia

  • damnum absque injuria — |abzkwē(ˌ)inˈyu̇rēə noun Etymology: Latin, literally, damage without wrongdoing : damage without violation of a legal right for which no legal action will lie compare injuria, injuria absque damno …   Useful english dictionary

  • damnum sine injuria — Loss or damage without the violation or infringement of a legal right. Such damage or loss can impose no liability on a defendant. Kingsley v Delaware, Lackawanna & Western R. Co. 81 NJL 536, 80 A 327. See damage without wrong; damnum absque… …   Ballentine's law dictionary

  • damnum absque injuria — /daemnam aebskwiy injuriya/ Loss, hurt, or harm without injury in the legal sense; that is, without such breach of duty as is redressible by a legal action. A loss or injury which does not give rise to an action for damages against the person… …   Black's law dictionary

  • damnum absque injuria — /daemnam aebskwiy injuriya/ Loss, hurt, or harm without injury in the legal sense; that is, without such breach of duty as is redressible by a legal action. A loss or injury which does not give rise to an action for damages against the person… …   Black's law dictionary

  • Damnum absque injuria esse potest — There can be loss or damage without the violation of a legal right. One cannot always look to others to make compensation for injuries received, since many accidents occur, the consequences of which the sufferer must bear alone. To warrant the… …   Ballentine's law dictionary

  • ex damno absque injuria non oritur actio — From loss or damage, without the violation of a legal right, no action arises. See damnum absque injuria …   Ballentine's law dictionary

  • injuria absque damno — injuria abs·que dam·no / ab skwē dam nō, äb skwā däm nō/ n [Latin, injury without damage]: a wrong that causes no damage sustaining an action for relief the lack of a warning label on the electric broom...is at best injuria absque damno Lee v.… …   Law dictionary

  • injuria absque damno — |abz(ˌ)kwēˈdam(ˌ)nō, |äps(ˌ)kwāˈdäm(ˌ)nō Etymology: Latin, injury without damage used in reference to the rule that a wrong that causes no damage will not sustain an action; compare damnum absque injuria …   Useful english dictionary

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