Damnum absque injuria

In law, damnum absque injuria (Latin for "loss or damage 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. For example, opening a burger stand near someone else's may
cause them to lose customers, but this in itself does not give rise to a
cause of action for the original burger stand owner.

Categories of damnum absque injuria

Edward Weeks identified three categories of damnum absque injuria: the

absence of legal protection for some interests, the general limits to legal
protection of interests, and the varying extent of legal protections of
interests.[1]

Absence of legal protection for some interests

Weeks and Oliver Wendell Holmes, Jr. identified several interests that
lacked legal protection altogether. At the time of Weeks' treatise, there
was no legal protection for emotional distress unconnected to a physical
injury. Holmes also cited the example of an easement for light and air—if a
neighbor built up a tall structure that overshadowed your house, you would
have no legal remedy.[2]

General limits to legal protection of interests

Weeks and Holmes also identified that there could be damage without
legal remedy based on some doctrines that limited liability. Contributory
negligence, for example, could deprive a plaintiff of a legal remedy against
a negligent defendant.[3]

Varying extent of legal protections of interests

Weeks and Holmes also recognized that there could be damage without
legal remedy if the damage occurred outside the scope of protection for
legally recognized interests. Riparian owners, for example, could suffer
damage from their neighbors upstream use of the water, but as long as
the use was considered reasonable there would be no legal remedy.[3]

Reference case

In John Rylands and Jehu Horrocks v Thomas Fletcher (1868) House of

Lords L.R. 3 H.L. 330, the judgment of Lord Cairns and Lord Cranworth
stated:[4]

Where the owner of land, without wilfulness or

negligence, uses his land in the ordinary manner of its
use, though mischief should thereby be occasioned to his
neighbour, he will not be liable in damages.

In the 1938 decision in Alabama Power Co. v. Ickes (302 U.S. 464), the U.S.
Supreme Court ruled:

The term 'direct injury' is there used in its legal sense, as

meaning a wrong which directly results in the violation
of a legal right. 'An injury, legally speaking, consists of a
wrong done to a person, or, in other words, a violation
 of his right. It is an ancient maxim, that a damage to
one, without an injury in this sense (damnum absque
injuria), does not lay the foundation of an action;
because, if the act complained of does not violate any of
his legal rights, it is obvious, that he has no cause to
complain. ... Want of right and want of remedy are justly
said to be reciprocal. Where therefore there has been a
violation of a right, the person injured is entitled to an
action.' Parker v. Griswold, 17 Conn. 288, 302, 303, 42
Am.Dec. 739. The converse is equally true, that where,
although there is damage, there is no violation of a right
no action can be maintained.

References

1. E. Weeks, The Doctrine of Damnum Absque Injuria Considered in

Relation to the Law of Torts. (1879)

2. Holmes, O.W. Privilege, Malice, and Intent. 8 Harvard Law Rev. 1

(1894)

3. Singer, J. The Legal Rights Debate in Analytical Jurisprudence from

Bentham to Hohfeld. 1982 Wisc. L. Rev. 975

4. https://www.informea.org/sites/default/files/court-
decisions/Rylands%20vs%20Fletcher.pdf