PRINCIPLE: Damages are the money recompense, as far as money can do, for the violation

of a right.

PRINCIPLE: Damage without the violation of a legal right is not actionable in a court of law. If
the interference with the rights of another person is not unlawful or unauthorized, but a
necessary consequence of the exercise of defendant's own lawful rights, no action should
lie.

PRINCIPLE: Whenever there is an invasion of a legal right, the person in whom the right is
vested, is entitled to bring an action though he has suffered no actual loss or harm, and may
recover damages (compensation).

112.PRINCIPLE: injuria sine damnum i.e. injury without damage.

161. Principle: In cases where there is an infringement of legal right even without any actual
loss or damage, the person whose right is infringed has a cause of action.

176. Principle: There are certain acts which, though harmful, are not wrongful in law;
therefore, do not give legal right to bring action in law, to the person who suffers from such
acts.

Principle: A violation of a legal right of someone, whether results in a legal injury or not,
gives rise to an action in tort for compensation. At the same time, an action by someone,
which results in some loss or damage to somebody else is not actionable, if there is no
violation of a right of that somebody.

Q. No. : 170 - Legal Principle: No remedy lies in law where an injury is caused to a person
without any infringement of his legal right.

Q. No. : 178 - Legal Principle: When there is an infringement of the legal right of a person, he
gets a right to sue the wrongdoer for remedy irrespective of any actual loss caused.

infringement of a right in rem of a private individual

Tort is a private wrong. Private wrong is the infringement of civil right of an individual. It is
comparatively less serious and labelled as civil wrong. Whereas crime is a public wrong.
Public wrong is a violation or breach of rights and duties which affect the community, as a
whole. It is a more serious wrong.

In case of death of tort-feaser his legal representative can be sued except when the tort is
defamation, personal injury not causing a death where as In case of death of offender, the suit
is put to an end. In tort, Intention is important but not in all cases, for example, in cases of
negligence where as in crime, Intention is the crux of the offence Despite of these
differences, the injunction may be granted in tort as well as in crime. There are various
wrongs which fall under law of torts as well as under criminal law, for example, Assault,
Defamation, Negligence, Nuisance and Conspiracy.
In tort, the duty is fixed by the law itself where as In contract, the duty is fixed by the party
themselves. A tort is a violation of a right in rem (that is, a right vested in some determinate
person and available against the world at large) where as A breach of contract is an
infringement of a right in personam (that is, of a right available only against some
determinate person or party. Damages in a tort are unliquidated where as Damages in breach
of trust are liquidated.

Essential Elements of Torts

Wrongful act or omission

Legal Damage

This is expressed by the maxim, "Injuria sine damnun 'Injuria' refers to infringement of a
legal right and the term 'damnum' means substantial harm, loss or damage. The term 'sine'
means without. However, if there is no violation of a legal right, no action can lie in a court
despite of the loss, harm or damage to the plaintiff caused by the defendant. This is expressed
by the maxim 'Damnum sine injuria