To constitute a tort, it is essential that the following two conditions are satisfied: There must be some act or omission on part of the wrong doer. Such act or omission should result in violation of legal right of the aggrieved The first step to constitute a tort is the commission or omission of an act by the wrongdoer. Either a positive wrongful act or an omission, which is illegally made, will make a person liable in an action for tort. The next element essential to constitute a tort is the violation of legal right. In the absence of any violation of a legal right, no action in tort can be initiated. This principle is governed by two maxims, which are Injuria Sine Damno: This means violation of legal rights without causing any damage i.e. there is injury though there is no damage. Even in the absence of any damage, if there is violation of legal right, the defendant will be liable. This maxim finds application in the case Ashby v White wherein the plaintiff being a lawful voter was denied to exercise his voting rights by the returning officer, the defendant in this case. Though the candidate for whom the plaintiff intended to cast his vote won eventually, the defendant was held liable. Damnum Sine Injuria: This means instances when there is damage though there is no violation of any legal right of the plaintiff. If there is no violation of rights, no case in tort will stand. In Gloucester Grammar School Case, a schoolmaster, being the defendant, set up another school just adjacent to that of the plaintiff’s. The resulted competition forced the plaintiff to reduce the fees for the students considerably. It was held that the plaintiff is not entitled for any damages due to the loss suffered by him on the opening of another school in the same area by the defendant.
Posted on: Fri, 06 Sep 2013 10:13:52 +0000
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